Posts Tagged: "Markman"

Albright Rebuked Again by CAFC After Letting Second Transfer Motion Linger

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled on March 8 that Western District of Texas Judge Alan Albright’s failure to rule on a motion to transfer by Tracfone Wireless, Inc. was “strikingly similar to circumstances from the same district court last month in SK hynix,” which the court ruled amounted to “egregious delay.” Unlike SK hynix, Inc., F. App’x 600 (Fed. Cir. 2021), where the CAFC stopped short of granting a writ of mandamus, here, the petitioner’s writ of mandamus was granted and a stay of proceedings regarding all substantive issues was ordered until a decision is rendered on the motion to transfer.

The Newest Patent ‘Rocket-Docket’: Waco, Texas

Marshall, Texas has been, and will likely continue to be, one of the major patent litigation cities in the United States. But, Waco, Texas is quickly becoming the new mecca for patent infringement lawsuits due to recent case law and the arrival of a patent-savvy district judge. In the world of patent litigation, we all know Marshall, Texas. The Eastern District of Texas—which includes the Marshall Division—is known to be one of the largest as far as numbers of patent litigation lawsuit filings in the U.S. The economic impact on the region has been significant, as service industries such as hotels, temporary offices, restaurants and catering companies grew to serve the regular flow of litigators and their clients coming to Marshall for hearings and trials from around the country. Several national and regional law firms specializing in patent litigation opened satellite offices in and around Marshall to serve their frequent needs for access to the busy courthouse.

Congresswoman Lofgren Sends Letter to USPTO Director Iancu Opposing Proposed Changes to Claim Construction Rule at PTAB

Congresswoman Lofgren is now opposing a rule change she previously endorsed as an original co-sponsor of a bill that would have changed the claim construction rule in exactly the same way proposed by Director Iancu… But how is adopting a rule that would have already been the law had Lofgren had her way possibly frustrate or disregard Congress? Of course, we aren’t supposed to ask that question. Once the “patent troll” boogeyman card is played everything else is supposed to fade away.

What You Need to Know about the District of Massachusetts’ New Local Patent Rules

On June 1, 2018, the new patent local rules went into effect in the District of Massachusetts following a substantial overhaul that began over one year ago.  In January 2017, the judges in D. Mass. formed a committee which included ten local patent litigators to advise the court on revising its practices specific to patent litigation in the district.  The final draft of the proposed rules was released for public comment from December 2017 through February 2018, giving other patent litigators in the district and interested parties a first glimpse of the new rules and the ability to weigh in on their implications.  This week the court announced its final version of the rules, which will apply to all cases for which a scheduling order as yet to issue. 

Federal Circuit Affirms District Court Judgment on All Grounds in LifeNet Health v. LifeCell

Lifenet’s patent is for plasticized soft tissue grafts used for transplantation in humans. The specification discloses that plasticizers can be removed before implantation, although they need not be, as claim 1 discloses three options for the implanting technician, one option being direct implantation without removing plasticizers. LifeCell’s accused grafts are preserved in a solution prior to implantation, and it is undisputed that significant amounts of plasticizers are removed during this soaking process. During claim construction, the parties disputed the meaning of the term “non-removal.” The district court concluded that construction of this term was unnecessary because it was easily understood by a person of ordinary skill in the art to have its plain meaning.