Posts in District Courts


Are Machines ‘Agents’ for Purposes of the Patent Venue Statute? (Part II)

Part I of this article provided an overview of the Federal Circuit’s understanding of the patent venue statute after the Supreme Court’s decision in TC …
By Peter J. Toren
1 month ago 0

Patent Filings Roundup: Brine Battles, Enforcing the ‘One-Petition Rule’ and Matchmaker Patent Suits

District court patent filings are again high this week—73 new complaints filed (just a few shy of last week), but Patent Trial and Appeal Board (PTAB) cases …
By Jonathan Stroud
2 months ago 3

Are Machines ‘Agents’ for Purposes of the Patent Venue Statute? (Part I)

In its TC Heartland decision in 2017, the Supreme Court rejected the Federal Circuit’s interpretation of the patent venue law, and held that in order to bring …
By Peter J. Toren
2 months ago 6

Patent Filings Roundup: Fertilizer, Fitness Tracker and Phone Fights

District court patent filings are up again this week, demonstrating that even a good lockdown can’t keep patent lawyers down; indeed, it appears there’s no …
By Jonathan Stroud
2 months ago 2

Study Suggests Individuals and Startups More Likely to Face Invalidity 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, …
By Gene Quinn & Rebecca Tapscott
2 months ago 14

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
2 months 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
2 months 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
2 months 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
2 months 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
2 months 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
2 months ago 15

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
2 months 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
3 months 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
3 months ago 0