Posts Tagged: federal rules of civil procedure
Federal Circuit Finds District Court Applied Overly Restrictive Interpretation of the Relation Back Doctrine
Recently, the Federal Circuit reversed, vacated and remanded a decision of the U.S. District Court for the District of Colorado that granted Mushkin, Inc.’s (“Mushkin’…
The Trademark Cases the Supreme Court Will Hear Next Term
On June 28, the U.S. Supreme Court granted certiorari to take up a pair of cases that could affect how trademark cases are argued in federal courts. …
CAFC: Patent Claim Directed to Concrete Assignment of Specified Functions is Patent Eligible
The Federal Circuit recently reversed the Western District of Washington’s dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure where the district court held …
Is there a Light at the End of the Alice Tunnel?
Maybe I’m being too optimistic. But in a pair of decisions issued within a week of each other, Berkheimer v. HP and Aatrix Software v. Green …
Lack of Signature on Assignment Declaration Nixes Standing for Patent Co-Owners
In its decision, the Federal Circuit upheld a lower court’s ruling that Advanced Video did not have standing to sue for patent infringement after it was …
TC Heartland Update: Decision Changed the Law on Venue
The U.S. Court of Appeals for the Federal Circuit recently issued its decision in In re Micron Tech., Inc., Case No. 2017-138 (Fed. Cir. Nov. 15, 2017), and …
Denying TC Heartland Changed the Law on Venue Ignores Reality
On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands, LLC, 137 S.Ct. 1514 (2017), the Supreme Court held that patent venue is controlled exclusively by 28 U.S.…
The Impacts of the Pending Rule 11 Amendments on the Patent System
The effects of proposed Rule 11 on the patent system will be like putting an additional bullet to a dying man. As far as patent litigation is concerned, …
Proposed Amendments to Rule 11 Will Adversely Impact Patent Owners
Congressman Lamar Smith (R-TX), has sponsored a bill to amend Rule 11 — H.R. 720. The changes are made to remove the safe harbor provision and make sanctions mandatory. …
What TC Heartland v. Kraft Food Group Brands Means for Patent Infringement Suits
Under the Federal Rules of Civil Procedure, a party waives its right to assert a defense of improper venue when it fails to raise the defense in …
Patent Infringement Pleading Standards Since the Abrogation of Rule 84 and Form 18: A Year in Review
Last December, the 2015 Amendments to the Federal Rules of Civil Procedure abolished Rule 84 and the Appendix of Forms, removing any doubt that Twombly’s plausibility standard applies …
What’s New with the Changes to the Trademark Trial and Appeal Board Rules of Practice
The Trademark Trial and Appeal Board (TTAB or the Board) Rules of Practice will change on January 14, 2017. The new rules will be applicable to all inter partes (…
FRCP Form 18 is not sufficient per se to plead patent infringement
The Federal Circuit affirmed a district court’s dismissal under Rule 12(b)(6) for failure to meet the pleading standards for joint patent infringement, holding that Form 18, from …
Troll Turning Point? Federal Circuit Breathes Life into Rule 11
This is very good news for defendants and for the patent system. If Rule 11 is actually enforced against those who sue without a reasonable basis the bad …
Federal Circuit Grants Writ of Mandamus in False Marking Case
Seeking a writ of mandamus seems as if it is becoming a more popular avenue to pursue than it once might have been. A writ of mandamus …
