Posts in Litigation


Peter v. NantKwest: Government Counsel Struggles to Make the Case for Recovering Attorneys’ Fees

Justices Breyer, Kavanaugh, Ginsburg and Gorsuch and Chief Justice Roberts were among the most active questioners of Malcolm Stewart, representing the government of the United States, and …
By Eileen McDermott
9 days ago 5

National Courts Can Order Worldwide Takedown, Says CJEU in Case Against Facebook

The Court of Justice of the European Union (CJEU) has ruled that host providers, such as Facebook, can be required to take down illegal content, including identical …
By James Nurton
9 days ago 1

USPTO Seeks Dismissal of Class Action Inventor Suit Filed Over SAWS Program

On September 26, the U.S. Patent and Trademark Office filed a motion to dismiss a class action complaint  filed by two inventors alleging violations of the Privacy …
By Steve Brachmann
11 days ago 23

Other Barks & Bites, October 5: USPTO Rulemaking Updates, Federal Circuit Weighs in on 101, and DOJ Tells SCOTUS to Deny Google Appeal

This past week in Other Barks & Bites: the USPTO delays the effective date for mandating electronic trademark application submissions and issues a proposed rulemaking on Patent Term …
By IPWatchdog
12 days ago 0

CAFC Rejects Method for Manufacturing Propshafts Under 101; Judge Moore Calls Majority Analysis ‘Validity Goulash’

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion on October 3 involving a patent infringement suit brought by American Axle & Manufacturing, …
By Nancy Braman
13 days ago 32

Standard Essential Patents: Statistics and Solutions to the Real Party in Interest Problem

As I noted in part one of my talk at the IPWatchdog Patent Masters Symposium, the validity statistics for SEPs do not look very good at first …
By David Cohen
13 days ago 1

Athena Implores Supreme Court to Heed Federal Circuit’s ‘Unprecedented Cry for Help’

As expected, Athena Diagnostics last night filed its petition for certiorari to the U.S. Supreme Court, asking it to fix the United States’ patent eligibility law …
By IPWatchdog
14 days ago 28

Peter v. NantKwest to Kick Off Busy IP Term for Supreme Court

Next week, the Supreme Court will hear the first of six IP cases granted cert last term. On Monday, the Court will hear Peter v. NantKwest, in …
By IPWatchdog
14 days ago 7

Examining the USPTO’s Bid for Adjudicatory Chevron Deference

In response to a request for supplemental briefing from the Federal Circuit in Facebook v. Windy City Innovations, the U.S. Patent and Trademark Office (USPTO) recently …
By Andrew Michaels
15 days ago 1

Top Secret: How to Successfully Build a Trade Secrets Case

When an employee who has left a company to work for a competitor shares a coveted trade secret, his or her former employer can experience devastating effects, …
By Suzanne Barto Hill
16 days ago 0

Clarity Needed on the STRONGER Patents Act’s Approach to Validity Determinations

The “Support Technology and Research for Our Nation’s Growth and Economic Resilience Patents Act of 2019” or the “STRONGER Patents Act of 2019,” currently under consideration as Senate …
By Mark Deming
16 days ago 21

Recent Insights into Cannabis-Related IP Rights in Brazil

The authorization of consumption of Cannabis derivative products in several countries has led to the rapid development of a robust industry around such products. However, Brazilian legislation …

Understanding the Difference Between Preemption and Novelty/Nonobviousness

Recently, the United States Court of Appeals for the Federal Circuit (“the Federal Circuit”) issued its opinion in Solutran, Inc. v. Elavon, Inc., 2019-1345, 2019-1460 (Fed. Cir., …
By Robert Levy
18 days ago 11

Other Barks & Bites, Friday, September 27: CAFC Partially Vacates PTAB Decision, Colarulli Appointed to Head LESI, and Copyright Office Seeks Comments on Music Modernization Act

This week in Other Barks & Bites: the Federal Circuit issued a precedential decision reversing the PTAB regarding proper primary reference and CBM review findings; USPTO Director Iancu …
By IPWatchdog
20 days ago 0

First Jury Verdict on Section 101 Inquiry Post-Berkheimer Finds Asserted Claims Routine and Conventional

On September 12, a jury verdict form  entered in an Eastern District of Texas patent infringement case found in favor of defendant Jack Henry & Associates on its defenses …
By Steve Brachmann
20 days ago 8