Posts in District Courts

Patent Filings Roundup: Canon(ball) Runs to the ITC; District Court Filings Spike

Patent Trial and Appeal Board (PTAB) filings held at 25 this week, with one post grant review (PGR) and 24 inter partes reviews (IPRs); district court patent filings jumped significantly, however, to 95, with Cannon’s lengthy scorched-earth filings against dozens of competitors making up the bulk of that jump. The IPRs were propped up by a handful of Samsung-filed petitions against Aquis; Samsung also continued to trickle out petitions against Ericsson related to the now-infamous FRAND 5G rate case ping-ponging between China and the Eastern District of Texas. Hisense and LG filed a number of IPRs related to a semiconductor dispute with Polaris, and Qualcomm continued to battle Vector Capital-backed Monterey Research at the Board over non-practicing entity (NPE) semiconductor assertions, earning institution on at least three of the IPRs they’ve filed to date. And Amazon is having mixed luck with IPRs against a failed voice technology company they have a long history with.

What the Latest Optis Wireless v. Apple Ruling Means for Patent Infringement Damages for SEPs

In a previous article, we considered the difference between a reasonable royalty for infringement of a U.S. patent and a fair, reasonable and non-discriminatory (FRAND) rate for licensing standards essential patents (SEPs). Among other points, the article discussed the then ongoing case between Optis Wireless Technology, LLC et al. v. Apple Inc., Civil Action No. 2:19-cv-00066-JRG (E.D. Texas, September 10, 2020). Most recently, Judge Rodney Gilstrap issued an Opinion and Order as to Bench Trial Together with Supporting Findings of Fact and Conclusions of Law (“Opinion and Order”) and ordered Final Judgment be entered. This Opinion and Order sheds a little more light on the issue of damages for SEPs, including the role of exemplary damages for willful infringement, but also leaves some key questions unanswered.

Albright Rebuked Again by CAFC After Letting Second Transfer Motion Linger

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled on March 8 that Western District of Texas Judge Alan Albright’s failure to rule on a motion to transfer by Tracfone Wireless, Inc. was “strikingly similar to circumstances from the same district court last month in SK hynix,” which the court ruled amounted to “egregious delay.” Unlike SK hynix, Inc., F. App’x 600 (Fed. Cir. 2021), where the CAFC stopped short of granting a writ of mandamus, here, the petitioner’s writ of mandamus was granted and a stay of proceedings regarding all substantive issues was ordered until a decision is rendered on the motion to transfer.

CAFC Corrects District Court Claim Construction, Doctrine of Equivalents Analysis in Diaper Genie Infringement Case

On March 9, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and reversed the U.S. District Court for the Central District of California’s decision to grant summary judgment in favor of defendant Munchkin, Inc. (Munchkin) for noninfringement of U.S. Patent Nos. 8,899,420 (the ‘420 patent) and 6,974,029 (the ‘029 patent), held by plaintiffs Edgewell Personal Care Brands, LLC and International Refills Company, Ltd. (collectively Edgewell). Edgewell manufactures and sells the Diaper Genie, a diaper pail system with two main components: 1) a pail for collection of soiled diapers; and 2) a replaceable cassette within the pail that forms a wrapper around the soiled diapers. The ‘420 and ‘029 patents relate to improvements in the cassette design. Edgewell filed suit against Munchkin for infringement of these patents for selling refill cassettes marketed as being compatible with Edgewell’s Diaper Genie. Edgewell appealed the district court’s decision to grant summary judgment to Munchkin for noninfringement of both patents.

Patent Filings Roundup: Fintiv Dooms CBMs; Canadian Process Ends IPR; New and Old NPE Campaigns Filed

Patent Trial and Appeal Board (PTAB) filings are way down for the third week in a row, with 15 inter partes reviews (IPRs) and two post grant reviews (PGRs) filed compared to 59 district court complaints. A few big-ticket suits were renewed—the older capital-backed Fundamental Innovation Systems International [Centerbridge Partners] and Solas Oled [Magentar Capital] suits saw new defendants—and some well-known smaller ones soldiered on.  The aggressive EcoFactor competitive suit rolls on in the ITC and now across Texas, with a number of new suits filed by the IoT company. There’s a new suit by a Quest Patent Research Corp subsidiary and a smattering of other campaign-adds listed below; and it’s worth noting that DynaIP subsidiaries have exploded with litigation these past few months, with the forecast promising more rain on the horizon.

Is Litigation Threatening to Burst the [Red]bubble? Courts Weigh in On IP Implications of Redbubble’s Unique Online Marketplace

With brick-and-mortar stores closing at rapid paces and online sales surging, marketers are developing new models to facilitate sales through innovative online platforms. One of those new business models is Redbubble’s hybrid “print-on-demand” service. Two recent Court of Appeals decisions – from the Sixth and Ninth Circuits – consider important questions about when these new approaches to online sales gives rise to liability for trademark infringement, trademark counterfeiting, and right of publicity violations.