Posts in District Courts


CAFC Affirms-In Part District Court’s Refusal to Seal Uniloc’s Confidential Information

On July 9, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in-part and vacated in-part a decision of the U.S. District Court for …
By Rebecca Tapscott
2 days ago 0

CAFC Vacates Order Denying Attorney Fees to ShoppersChoice.com

On July 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and remanded an Attorney Fee Order of the U.S. District Court for …
By IPWatchdog
5 days ago 0

Ninth Circuit Reverses Functionality and Fame Findings in Office Chair Trademark Case

On June 25, the U.S. Court of Appeals for the Ninth Circuit issued a decision in Blumenthal Distributing v. Herman Miller, Inc. in which the appellate court …
By Steve Brachmann
6 days ago 0

Lessons From Jerry Seinfeld’s Second Circuit Copyright Win

You may have seen a web series featuring Jerry Seinfeld called Comedians in Cars Getting Coffee. The basic premise of the show is that Seinfeld and another …
By C. Dale Quisenberry
20 days ago 1

Federal Circuit Bars New Suits Against Amazon Under Claim Preclusion, Kessler Doctrine

The U.S. Court of Appeals for the Federal Circuit today ruled in In Re PersonalWeb Technologies, Inc. that a district court’s 2014 dismissal of a patent …
By Eileen McDermott
26 days ago 0

Patent Filings Roundup: Inventors File IPRs On Own Patents; Johnson & Johnson Feels the NHK Spring Bite in Texas Suture Suit

District court patent filings are back down to roughly double the number of Patent Trial and Appeal Board (PTAB) filings, with 65 new complaints to the PTAB’s 28 …
By Jonathan Stroud
27 days ago 0

D.C. Circuit Finds No Proximate Cause in Patent Attorney Malpractice Case

On June 12, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) affirmed a decision of the U.S. District Court for …
By IPWatchdog
27 days ago 4

Second Circuit Affirms Welsh Government Advertising Activity Triggered Exception to Sovereign Immunity

On June 8, the U.S. Court of Appeals for the Second Circuit, in Pablo Star Ltd. V, Welsh Gov’t, affirmed a decision of the U.S. …
By Rebecca Tapscott
1 month ago 2

Patent Filings Roundup: WSOU Entity Leads Sustained Spike in District Court Filings, Sandoz Takes a Shot at Novo Nordisk’s Insulin Treatment

District court patent filings remained unusually high this week (97), with 40 Patent Trial and Appeal Board (PTAB) cases filed (one Covered Business Method, one Post Grant Review, and 38 …
By Jonathan Stroud
1 month ago 0

Tech Companies Should Strongly Consider Monetizing Their Patent Portfolios During the Economic Downturn

The COVID-19 pandemic and widespread shelter-in-place orders have hit every corner of the country’s economy, including tech companies of all sizes. Many tech companies have traditionally …

CAFC Finds Administrative Procedures Act Claims Against USPTO Barred for Lack of Final Agency Action, Statute of Limitations

On May 22, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Odyssey Logistics and Technology Corporation v. Iancu in which the …
By Steve Brachmann
1 month ago 0

District Court Finds Palomar’s ‘Pick and Place’ Patent Invalid Under 101

In a follow-up to a decision earlier this month blocking an attempt by Palomar Technologies, Inc. to bar new prior art references based on IPR estoppel, the …
By Rebecca Tapscott
1 month ago 19

Eleventh Circuit Finds ENGINEERED TAX SERVICES Mark Inherently Distinctive

On May 14, the U.S. Court of Appeals for the Eleventh Circuit reversed a decision of the U. S. District Court for the Southern District of Florida …
By Rebecca Tapscott
2 months ago 0

Section 512 Report Suggests Fine-Tuning Knowledge and Eligibility Requirements for DMCA Safe Harbors

On May 21, the U.S. Copyright Office published a report on Section 512 of Title 17 of the U.S. Code, which governs limitations on copyright liability to materials …
By Steve Brachmann
2 months ago 0

Patent Filings Roundup: Video Gambling Games Going to the Dogs, The Queen’s Cherries, and a Tale of Bankruptcy and Patent Infringement in Cinema Stadium Seating

With 27 new Patent Trial and Appeal Board (PTAB) filings—25 inter partes reviews (IPRs), one post grant review (PGR) and one covered business method review (CBM), the first …
By Jonathan Stroud
2 months ago 0