Posts in Litigation
Complete Genomics Sues Illumina for Antitrust and Unfair Competition Violations
Complete Genomics, Inc., BGI Americas Corp., and MGI America’s Inc. (Complete Genomics) have filed suit against Illumina, Inc. alleging violation of federal antitrust statutes and California …
Patent Filings Roundup: Board Says ‘Nein’ to German Company’s IPR; A PTAB Footnote to the Fortress/Intel Fight
Per the usual slow January, it was a light week at both the Patent Trial and Appeal Board (PTAB) and in the district courts. At the PTAB, …
Minaj-Chapman Copyright Settlement is a Warning to Artists
Last week, documents were filed confirming that singer-songwriter Tracy Chapman accepted Onika Tanya Maraj’s (who performs rap under the stage name Nicki Minaj) Rule 68 Offer of …
Skidmore-Mead Can Solve the Patent Eligibility Dilemma
Judge Kimberly Moore, in a comprehensive and insightful opinion dissenting from the denial of the petition for rehearing en banc in Athena Diagnostics, Inc. v. Mayo Collaborative …
Ericsson Wins Anti-Interference Injunction Against Samsung in Texas FRAND Case
Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas yesterday issued an order enjoining Samsung Electronics from taking any action to …
Supreme Court Will Review Doctrine of Assignor Estoppel
On Friday, the U.S. Supreme Court granted a petition for certiorari filed by Minerva Surgical, Inc. asking the Court to clarify questions around the doctrine of …
Federal Circuit Affirms TTAB Dismissal of QuikTrip’s Opposition to Convenience Store Mark
On January 8, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States Patent and Trademark Office, Trademark Trial and …
CAFC Dismisses Appeal as Moot, Prost Dissents in Part
On January 7, the United States Court of Appeals for the Federal Circuit (CAFC) dismissed ABS Global's appeal from the United States Patent and Trademark Office (USPTO) Patent …
Patent Filings Roundup: IP Edge End-of-Year Filing Spree, WSOU Ends Year as Top Single-Entity Filer; AC Competitors Go to War Over a Cool Million
Combining the holiday break, we see a steady 24 and 25 Patent Trial and Appeal Board (PTAB) petitions filed in the last two weeks, respectively, with 84 and 71 District Court …
Federal Circuit Reverses Holding of Infringement Based on Faulty Claim Construction
On January 5, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the U.S. District Court for the Southern District of …
Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part I)
Last year was an active one at the United States Court of Appeals for the Federal Circuit (CAFC) for software eligibility. It also was a brutal year …
Judge Rader Champions Chinese Courts, Samsung Responds to Ericsson in ED of TX/China FRAND Suit
In contrast to his one time colleague, former Federal Circuit Chief Judge Randall Rader earlier this month filed a Declaration supporting Samsung Electronics in its Opposition to …
Former CAFC Chief Judge Michel Backs Ericsson in FRAND Dispute
On January 5, the Honorable Paul R. Michel filed an amicus brief in support of Ericsson’s Emergency Application for an Anti-Interference Injunction related to Samsung’s lawsuit …
Inventors Have Their Say on PTAB at SCOTUS in Arthrex Amicus Briefs
Eleven amicus briefs were docketed during the last two business days of 2020 in United States v. Arthrex, Inc., et al., which is scheduled for oral argument on …
Federal Circuit Affirms District Court Ineligibility Decision under Alice
On December 29, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s decision dismissing Simio’s patent infringement action against FlexSim …