Butch Laker Image

Butch Laker

is a 2L student at UNH Franklin Pierce School of Law. He is also the Managing Director for the Patent Law Forum on campus. Before law school, he attended Purdue University, where he majored in Physics. He hopes to combine his passions for science and law as he pursues a career in patent law.

Recent Articles by Butch Laker

CAFC Dismisses LG’s Interlocutory Appeal as Untimely

On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Judge Hughes writing for the court, dismissed defendant-appellant LG Electronics Inc. and LG Electronics U.S.A. Inc.’s (collectively, ‘LG’) request for interlocutory review due to lack of jurisdiction; the court said LG had failed to file within 30 days of the date at which the liability issues became final, resulting in an untimely appeal. In 2014, Mondis Technology, Ltd. (“Limited”) sued defendants for patent infringement over U.S. Patent No. 7,475,180(“the ‘180 patent”), which claims a “display unit configured to receive video signals from an external video source.” The district court granted Limited leave to join other plaintiffs, namely, Hitachi Maxell, LTD., NKA Maxell Holdings, LTD., Maxell, LTD., (collectively ‘Hitachi’) to address LG’s pretrial standing challenge. A jury trial in the United States District Court for the District of New Jersey found LG infringed claims 14 and 15 of the ‘180 patent, the claims weren’t invalid, and the infringement was willful. The jury then awarded plaintiffs $45 million in damages. 

CAFC Affirms District Court Ruling for Amazon on Claim Construction

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the United States District Court for the Northern District of California’s final judgment of noninfringement of SpeedTrack’s (Plaintiff-Appellant) patent U.S. Patent No. 5,544,360 (the ‘360 patent). SpeedTrack sued online retailers AMAZON.COM, BESTBUY.COM, LLC, OFFICEMAX, INC., MACY’S, INC., MACYS.COM, LLC and many others for infringement of its category-based filing system. The ultimate decision weighed on the district court’s construction of claims and whether or not the ‘360 patent had a hierarchical structure. The district court construed the claims to not have a hierarchical structure and determined that defendants-cross-appellants did not infringe. The CAFC, with Judge Prost writing for the court, agreed.

USPTO Proposed Rule Outlines Process for New Ex Parte Trademark Proceedings on Nonuse and Other Changes Under Trademark Modernization Act

The United States Patent and Trademark Office (USPTO) yesterday issued a Notice of Proposed Rulemaking (NPRM) titled “Changes To Implement Provisions of the Trademark Modernization Act (TMA) of 2020.” The Office is seeking input on the proposal, which would revise the rules in Title 37 of the Code of Federal Regulations, parts 2 and 7, and will be holding public roundtables to explain the amendments and answer questions. Here are some of the key proposed changes.

Federal Circuit Affirms Jury Verdict Invalidating Pacific Biosciences Patents

Yesterday, the CAFC affirmed a ruling by the U.S. District Court for the District of Delaware, where a jury found Oxford Nanopore Technologies, Inc. and Oxford Nanopore Technologies, Ltd. (collectively, Oxford) infringed all claims of Pacific Biosciences of California, Inc.’s (PacBio) patents, U.S. Patent Nos. 9,546,400 (the ‘400 patent) and 9,772,323 (the ‘323 patent), but also found the patents invalid for lack of enablement under 35 U.S.C. §112. The district court denied PacBio’s motion for judgment as a matter of law (JMOL) and denied their request for a new trial due to Oxford’s alleged improper remarks made during opening, related to the COVID-19 crisis.