Posts in Litigation


Patent Filings Roundup: AI Inventor Facial Challenge Filed; Lego and WB Challenge RFID Toy Patents; Uniloc Challenge Denied for Indefiniteness (Sort Of )

This week, the district courts saw 77 new complaints—though at least 10 are re-filings of Uniloc v. Google cases being transferred from the Eastern District of Texas to …
By Jonathan Stroud
2 hours ago 1

Qualcomm Vindicated in Ninth Circuit Reversal of California Court’s Antitrust Ruling

The U.S. Court of Appeals for the Ninth Circuit today vacated a decision of the U.S. District Court for the Northern District of California finding …
By Eileen McDermott
23 hours ago 6

The Re-Written American Axle Opinion Does Not Bring Peace of Mind for Section 101 Stakeholders

In the spring of 2018, a district court invalidated a patent claiming methods of manufacturing a pickup truck drive shaft for failure to recite patent-eligible subject matter. Industry …
By Melissa Brand & Hans Sauer
3 days ago 23

Federal Circuit Clarifies That Standard-Essentiality is a Question for the Factfinder

On August 4, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the District of Delaware …
By Rebecca Tapscott
4 days ago 2

US Inventor Amicus in New Vision Gaming: ‘October Effect,’ Subjective APJ Evaluations Support Due Process Argument Against PTAB

On August 3, inventor advocacy group US Inventor filed an amicus brief with the U.S. Court of Appeals for the Federal Circuit in support of a due …
By Steve Brachmann
5 days ago 3

Patent Filings Roundup: U.S. Tractor Retailer Hit; TikTok Sued by Triller; IP Edge Entities Dominate District Court Filings

This week, district courts saw 91 new complaints, a large portion filed by IP Edge subsidiaries, such as Karetek Holdings, LLC; Guada Technologies; Tunnel IP, LLC; Altair Logix, …
By Jonathan Stroud
6 days ago 1

Google v. Oracle Perspective: Google’s Android ‘Cheat Code’ was to Copy Oracle’s Code

In two months, the Supreme Court will hear the oral argument in the long-running Google v. Oracle software copyright case. At issue is the availability of copyright …
By Steven Tepp
7 days ago 18

Strong Roots: Comparative Analysis of Patent Protection for Plants and Animals

Much has been written about the uncertainty in U.S. patent law concerning laws of nature, natural phenomena, and abstract ideas following the Supreme Court’s decisions …

Illumina v. Ariosa: En Banc Rehearing Denied, Illumina Patents Again Upheld on Rehearing

On August 3, the United States Court of Appeals for the Federal Circuit (CAFC) denied a petition for rehearing en banc and issued a modified opinion, following a …
By Rebecca Tapscott
8 days ago 2

A Note to SCOTUS on Arthrex, Judicial Independence, Ethics and Expanded Panels at the PTAB

In Article 1, Section 8, Clause 8, of our Constitution, the founders were relatively specific. The founders give Congress power to secure “the exclusive Right" to “Authors and Inventors” in …
By Paul Hayes & Gene Quinn
8 days ago 14

CAFC Evenly Splits on En Banc Rehearing of American Axle’s Driveshaft Patent Case

On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued Orders granting a request for panel rehearing and denying a request for rehearing …
By Rebecca Tapscott
9 days ago 26

Request for Amici: Tell SCOTUS to Incentivize Original Fictional Characters through Copyright

Some fictional characters are heroes; others are villains. Some mimic reality and others personify fantasy. And some appear in comic books and video games, while others in …
By Patrick Arenz
9 days ago 0

A Guide to Arthrex: Activity Heats Up in Petitions Pending with Supreme Court

The Supreme Court is currently considering several pleas to review the holding in Arthrex v. Smith & Nephew I and Arthrex v. Smith & Nephew II in the form …
By IPWatchdog
10 days ago 0

Askeladden Brief Asks SCOTUS to Grant U.S. Government’s Petition to Reconsider Whether PTAB APJs Are Principal Officers Under the Appointments Clause

On July 29, Askeladden LLC filed an amicus brief in support of the U.S. Government’s combined petition for a writ of certiorari in U.S. v. …

Judge Dyk Departs from Majority’s Obviousness Analysis on Gaming Service Patent Claim

The Federal Circuit on Wednesday affirmed a decision of the Patent Trial and Appeal Board (PTAB) that found FanDuel had failed to prove that claim 6 of Interactive …
By Eileen McDermott
13 days ago 3