Posts Tagged: Patent Litigation


Other Barks & Bites, Friday, August 16: Iancu to Brief CAFC on Precedential Opinion Panel Deference, China to Regulate Patent Agencies, and FCC Approves T-Mobile/Sprint Merger

This week in Other Barks & Bites: The Federal Circuit has asked USPTO Director Andrei Iancu to brief the appellate court on deference that should be paid to …
By IPWatchdog
2 days ago 0

Federal Circuit: ‘Physicality’ of Processing Paper Checks Does Not Save Solutran’s Claims from 101 Challenge

The Federal Circuit recently reversed the District of Minnesota’s denial of summary judgment and held claims related to paper check processing invalid under 35 U.S.C. § 101. …

The ‘Dragon’ Targets U.S. Biopharma Lead

Perhaps the report on China's strategy for eclipsing the U.S. lead in biopharma from the Information Technology & Innovation Foundation (ITIF) resonated so strongly with me because …
By Joseph Allen
3 days ago 2

Facebook Targets Blackberry Photo Tagging Patent, Apple Takes Aim at Firstface and Continues Serial Challenges Against Nartron

Last week, the Patent Trial and Appeal Board (PTAB) issued 23 institution-phase decisions in inter partes review (IPR) proceedings, resulting in 14 IPR institutions and nine IPR denials. Two …
By IPWatchdog
3 days ago 0

Top 10 Reasons Arbitration Will Benefit Parties More Than Litigating at the PTAB

Alternatives to patent litigation are desirable now more than ever. Arbitration can help to resolve patent disputes more easily than the much more complex, expensive and timely …
By David Newman
4 days ago 3

AIPLA: The Supreme Court Must Ensure the U.S. Government Adheres to the American Rule in Peter v. NantKwest

When a patent or trademark applicant loses in front of the U.S. Patent and Trademark Office (USPTO), they can either appeal to a court of appeals …

Federal Circuit Struggles to Parse SEP Licensing Rates in TCL Communication v. Ericsson

On August 7, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in TCL Communication v. Telefonaktiebolaget LM Ericsson, an appeal stemming from an …
By Steve Brachmann
6 days ago 0

Claimed Method As a Whole Must Be Described to Satisfy Written Description Requirement

The Federal Circuit recently affirmed a Patent Trial and Appeal Board (Board) decision finding that Dr. Stephen Quake and Dr. Christina Fan’s (collectively, “Quake”) asserted claims …

Other Barks & Bites, Friday, August 9: IP Litigation Getting More Expensive, WIPO Launches .CN Dispute Resolution Service

This week in Other Barks & Bites: WIPO launches dispute resolution service for Chinese domain names; Morrison Foerster report shows that IP litigation costs are increasing as the …
By IPWatchdog
9 days ago 0

Apple Takes Another Bite with Motions to Stay, Vacate Federal Circuit’s Denial of Rehearing in VirnetX Case

In the latest stage of the nine-year VirnetX/ Apple patent saga, Apple has filed a Motion to Stay the Mandate and a Motion to Vacate in relation …
By Eileen McDermott
9 days ago 3

Apple’s Multiple Petitions Against Nartron Patent Underscore PTAB’s Serial IPR Problem

Last week, the Patent Trial and Appeal Board (PTAB) issued 18 institution decisions based on petitions for inter partes review (IPR) proceedings, instituting 10 and denying eight. One of …
By IPWatchdog
10 days ago 0

Seventh Circuit Clarifies When Utility Patents Can Be Used as Evidence of Functionality in Trade Dress Cases

On June 12, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 (7th Cir. June 12, 2019). …
By Nicole Wing & Daniel Shulman
10 days ago 2

Trading Technologies Petitions Federal Circuit for En Banc Rehearing, Likening Its Invention to Mechanical Tool Claims

On July 31, Trading Technologies, a firm that develops software used for electronically trading derivatives, filed a combined petition for panel rehearing and rehearing en banc at the …
By Steve Brachmann
11 days ago 2

Five Practical Settlement Strategies to Get Your Client Out of Dodge

Let’s face it, intellectual property (IP) litigation is a very expensive and risky endeavor. For the accused infringer, the prospect of going to trial means high …
By Geoffrey Lottenberg
12 days ago 1

VirnetX Scores Partial Win in Its Latest Federal Circuit Case with Apple

The United States Court of Appeals for the Federal Circuit last week affirmed-in-part, vacated-in-part, and remanded a decision of the Patent Trial and Appeal Board (PTAB) in …
By Nancy Braman
12 days ago 4