Posts in District Courts


Davis v. Pinterest: Pinterest Pins Victory in Contributory Copyright Infringement Claim – But Decision May Open a Door for Future Suits

On March 9, 2021, a federal court in the Northern District of California dismissed the contributory infringement claim first filed by Harold Davis (hereinafter, “Davis”), the Plaintiff, on November 20, 2019 …
By Manasvi Sharma
7 hours ago 0

Patent Filings Roundup: VLSI Judgment Patents Challenged; Dozens of NPE-Semiconductor Patents Instituted; Nanotechnology Solar Panel Litigation Kicks Off

It seems non-practicing entity (NPE) semiconductor/chip litigation has really come to dominate both the Patent Trial and Appeal Board (PTAB) and the district courts’ dockets this …
By Jonathan Stroud
7 days ago 1

Judge Albright Enters New Standing Orders on Motions to Transfer for Conformity with CAFC Mandates

On June 8, U.S. District Judge Alan D. Albright of the Western District of Texas signed an amended pair of standing orders regarding motions to transfer filed …
By Steve Brachmann
9 days ago 0

Patent Filings Roundup: Light Week at PTAB; Acacia Campaigns Heat Up; Board Institutes Koss IPRs

It was another really light week at the Patent Trial and Appeal Board (PTAB), with just 14 new patent filings (two post grant reviews [PGRs] and 12 inter partes …
By Jonathan Stroud
15 days ago 2

Five Years after Form 18: Post-Iqbal–Twombly Rule 12(b)(6) and 12(c) Motions to Dismiss Patent Infringement Claims

Today, district courts evaluate whether patent infringement complaints satisfy the plausibility standard under Fed. R. Civ. P. 8 and the Supreme Court’s Iqbal–Twombly standard. Five years …
By Eric Levi
21 days ago 3

Patent Filings Roundup: Funded-NPE Semiconductor Shotgun Petition Backfires; APJ Bucks Board on Fintiv; IP Edge Files Dozens

Happy Memorial Day week. It was a light week at the Patent Trial and Appeal Board with 20 filings – 18 inter partes reviews (IPRs) and two post grant reviews (…
By Jonathan Stroud
21 days ago 0

Patent Filings Roundup: In Reversal, COVID Renders W.D. TX Trial Dates Uncertain for Fintiv; Semiconductor NPE Suits and PTAB Challenges on a Roll; Board Issues Order Barring Future Filings

A quiet week resulted in 28 petitions at the Patent Trial and Appeal Board (PTAB), mostly related to preexisting suits, though with a perhaps surprising number of semiconductor …
By Jonathan Stroud
28 days ago 0

Ninth Circuit Upholds Ruling Against Gil Hyatt: The Paperwork Reduction Act Does Not Apply to Individualized Communications Between The USPTO and Applicants

On May 20, the U.S. Court of Appeals for the Ninth Circuit affirmed the decision of the United States District Court for the District of Nevada, holding …
By Logan Murr
1 month ago 9

Patent Filings Roundup: New NPE Solid-State Drive Suit Against Micron, Western Digital; Redfin Indemnitee Files IPR on Virtual Reality Tour Patents

The Patent Trial and Appeal Board (PTAB) had the usual 30 or so petitions this week (32, to be exact), with a fair number of procedural denials of concurrently …
By Jonathan Stroud
1 month ago 0

CAFC Reverses District Court, Finds California Jurisdiction Proper in Declaratory Judgment Action

On May 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded the dismissal of a declaratory judgment action in an appeal from …
By Nancy Braman
1 month ago 0

Federal Circuit Affirms Jury Verdict Invalidating Pacific Biosciences Patents

Yesterday, the CAFC affirmed a ruling by the U.S. District Court for the District of Delaware, where a jury found Oxford Nanopore Technologies, Inc. and Oxford …
By Butch Laker
1 month ago 3

CAFC Clears L’Oréal of Trade Secret Misappropriation, Orders New Trial on Patent Infringement

On May 6, the U.S. Court of Appeals for the Federal Circuit (CAFC), reversed in part, affirmed in part, vacated in part, dismissed in part, and remanded …
By Nancy Braman
1 month ago 0

Patent Filings Roundup: Litigation Explosion Fueled by IP Edge; Patent Plaintiff Seeking Defendants; Companies File Declaratory Judgment Against Landmark as Troll

The district courts saw an explosion of new patent filings last week (183, more than 100 over the weekly average to date), driven largely by dozens and dozens of …
By Jonathan Stroud
2 months ago 0

Lessons from Ice Cube’s Lawsuit Against Stock Trading App in Right of Publicity/Trademark Infringement Case

The multi-talented Ice Cube famously said “It was a good day” in his hit song of the same name. But the hip-hop icon and his team probably …
By Nadia Aram
2 months ago 0

A New Trial is Ordered with Respect to Damages in Optis Wireless v. Apple, Despite No FRAND Claims at Issue

On April 14, 2021, in a somewhat surprising about face, Judge Rodney Gilstrap ordered a new trial with respect to damages in Optis Wireless Technology, LLC et al. v. …
By Curtis Dodd
2 months ago 0