Posts in Litigation
Alice-Insanity (Part One), or Why the Alice-Mayo Test Violates Due Process of Law
The Fifth Amendment of the U.S. Constitution guarantees, inter alia, that no person shall be deprived of property (including intellectual property), without due process of law. …
Reexamining Three Preconceived Notions of SEPs as the 5G Patent Wars Ignite
5G—the next generation of telecommunications standards provided by the Third Generation Partnership Project (3GPP)—began implementation in 2019. It boasts significant technical benefits over prior generations, including …
Federal Circuit Grants Mandamus to Dish, Ordering Albright to Transfer
In its latest rebuke of Judge Alan Albright’s approach to motions to transfer cases out of his court, the United States Court of Appeals for the …
Models’ Lawsuits Against Nightclubs Highlight SCOTUS Petition Challenging Elevation of ‘Public Prominence’ Factor in Lanham Act Cases
In mid-October, a pair of lawsuits were filed in the Eastern District of Virginia by different groups of professional models seeking damages and injunctive relief under the …
Judge Koh Responses on Antitrust-IP Intersection Promise More of the Same
On October 5, the Senate Judiciary Committee considered the nomination of Judge Lucy Koh, currently of the U.S. Federal District for the Northern District of California, to …
Patent Filings Roundup: District Court Termination Wave, Old-Fashioned Oil Fights, NPE Targets Apple and Others
A slightly above-average week in filings saw 38 Patent Trial and Appeal Board (PTAB) petitions (one post grant review and 37 inter partes reviews) and 71 district court complaints, with …
The Section 145 Trilogy: Why More Applicants Might Take Patent Applications from the USPTO to the E.D. of VA
Typically, patent examiners are the prominent decision-makers controlling whether patent applications are allowed. However, Applicants have the power to change who controls these decisions. For example, each …
The Fintiv Deception: Leahy’s Legislative ‘Fix’ is Unwarranted in Light of Sotera Wireless
Several weeks ago, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) introduced the Restoring America Invents Act, which would reverse the reforms of the Patent Trial and …
USPTO Judges, Management, Accused of Bias—This Time at the TTAB
A motion filed on Friday, October 15, with the U.S. Court of Appeals for the Federal Circuit (CAFC) requests that the appellant, Charles Bertini, be allowed to …
Report: The Best Hatch-Waxman Law Firms of 2021
Last week, we explained our 2021 findings for the best firms involved in inter partes review proceedings. Today, based on the second annual ANDA Litigation Intelligence Report, which …
Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in which it affirmed a district court’s finding of exceptionality …
CAFC Affirms Eastern Texas Rulings of Noninfringement for Telecom Companies
On October 12, the United States Court of Appeals for the Federal Circuit (CAFC) issued two related precedential opinions affirming the decisions of the U.S. District Court …
How Public Opinion Polls Expand the Conversation on GSK v. Teva and Skinny Labeling
The Federal Circuit’s recent majority opinion and Chief Judge Prost’s dissenting opinion in the GlaxoSmithKline LLC v. Teva Pharmaceuticals “skinny labeling” case has raised eyebrows …
CAFC Shoots Down Due Process Challenges to PTAB Structure
In an appeal from the Patent Trial and Appeal Board (PTAB) brought by Mobility Workx against Unified Patents, the U.S. Court of Appeals for the Federal …
CareDx v. Natera: The Latest in Patent Eligibility of Medical Diagnostics
The latest ruling involving patent eligibility of medical diagnostics comes from Chief Judge Connolly of the United States District Court for the District of Delaware in a …
