Posts in District Courts


Study Suggests Individuals and Startups More Likely to Face Invalidly under Alice

To the surprise of Lemley and Zyontz, their study uncovered a striking disparate treatment in the way federal courts handle patent eligibility matters based on entity size, …

Patent Filings Roundup: Robot Vacuum Wars, PTAB Filings Dip, Pharma Litigation Abounds

This week’s District Court filings were robust, with a dip in Patent Trial and Appeal Board (PTAB) filings--a big chunk of which were related to a …
By Jonathan Stroud
6 days ago 1

What Happens at The Board Does Not Stay at The Board: How Patent Owners Can Leverage IPR Proceedings in Litigation

Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) often occur in parallel to district court cases. Patent owners whose patent rights survive …

Patent Filings Roundup: Medtronic Hit with Seven IPRs, Huawei Fields Multiple District Court Complaints

In the age of electronic filing, working from home and sheltering in place appears to have accelerated—or at least not slowed down significantly—district court and …
By Jonathan Stroud
13 days ago 5

District Court Finds Katy Perry’s ‘Dark Horse’ Not Substantially Similar to ‘Joyful Noise’ Ostinato

The U.S. District Court for the Central District of California on Monday granted Katy Perry’s motion for judgment as a matter of law (JMOL) and …
By Rebecca Tapscott
17 days ago 0

Broadcom Asserts Patents Covering ‘Crucial Aspects’ of Netflix Content Delivery

On March 13, American semiconductor developer Broadcom Corporation filed a lawsuit in the Central District of California  alleging claims of patent infringement against streaming media producer and provider …
By Steve Brachmann
19 days ago 0

Federal Circuit Finds District Court Did Not Err in Jury Instructions On ‘Ordinary Observer’ Standard

The U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the District Court for the Southern District of West Virginia finding that …
By Rebecca Tapscott
19 days ago 0

Twisting Facts to Capitalize on COVID-19 Tragedy: Fortress v. bioMerieux

Unfortunately, some simply cannot help themselves but to use every opportunity – real or imagined – to take a cheap shot at a patent owner for having the audacity …
By Gene Quinn
20 days ago 14

Patent Filings Roundup: Uptick Despite COVID-19, Theranos Patents Reemerge

With Coronavirus delaying prosecution, preventing courts from empaneling juries, and keeping attorneys home with the kids, you would think filings would have dropped; instead, we saw a …
By Jonathan Stroud
20 days ago 0

Federal Circuit Affirms Inequitable Conduct Holding Against GS CleanTech

The U.S. Court of Appeals for the Federal Circuit has affirmed a ruling by the United States District Court for the Southern District of Indiana finding …
By Rebecca Tapscott
1 month ago 0

Opticurrent Survives Reexam, Moves Forward with CAFC Appeal on Damages

On February 12, the U.S. Patent and Trademark Office entered a notice of intent to issue an ex parte reexamination certificate on a patent owned by Opticurrent, …
By Steve Brachmann
1 month ago 0

Innovators Brace for Ninth Circuit Oral Arguments in FTC v. Qualcomm

The U.S. Court of Appeals for the Ninth Circuit is set to hear oral arguments tomorrow in the closely-watched case of FTC v. Qualcomm, which will …
By Eileen McDermott
2 months ago 1

Federal Circuit Finds District Court Abused Its Discretion in Admitting Lay Testimony

On February 5, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in HVLPO2, LLC v. Oxygen Frog, LLC in which the appellate …
By Steve Brachmann
2 months ago 0

Review of Key 2019 Trade Secret Decisions and Trends (Part II)

Part I of this series covered (1) Food Marketing Institute v. Argus Leader Media, 139  S.Ct. 2356 (2020) in which the Supreme Court held that commercial or financial information that …
By Peter J. Toren
2 months ago 0

Trademark Litigation Review—What Happened in 2019 and What to Watch This Year

Two things are true about the world of trademarks—it is rarely boring, and something is always on the horizon. The following are some of the significant …
By Nicholas Hawkins
3 months ago 0