Posts Tagged: Patent Litigation


The Fintiv Deception: Leahy’s Legislative ‘Fix’ is Unwarranted in Light of Sotera Wireless

Several weeks ago, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) introduced the Restoring America Invents Act, which would reverse the reforms of the Patent Trial and …
By Gene Quinn
16 hours ago 0

Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in which it affirmed a district court’s finding of exceptionality …
By Eileen McDermott
5 days ago 0

CAFC Affirms Eastern Texas Rulings of Noninfringement for Telecom Companies

On October 12, the United States Court of Appeals for the Federal Circuit (CAFC) issued two related precedential opinions affirming the decisions of the U.S. District Court …
By Logan Murr
5 days ago 0

How Public Opinion Polls Expand the Conversation on GSK v. Teva and Skinny Labeling

The Federal Circuit’s recent majority opinion and Chief Judge Prost’s dissenting opinion in the GlaxoSmithKline LLC v. Teva Pharmaceuticals “skinny labeling” case has raised eyebrows …

CareDx v. Natera: The Latest in Patent Eligibility of Medical Diagnostics

The latest ruling involving patent eligibility of medical diagnostics comes from Chief Judge Connolly of the United States District Court for the District of Delaware in a …
By Scott Bluni
6 days ago 0

Counseling Clients on What Constitutes Exceptionality in Patent Litigation: A View from Delaware

After a client prevails in patent litigation in the United States District Court for the District of Delaware, the client often wants to know whether it can …

Where We Are on AI Inventorship and Where We Should be Heading

The past few years saw a meteoric rise of artificial intelligence (AI) products, services, and applications. AI has evolved from merely a buzzword or a cool new …

CAFC Says Forum Selection Clause in NDA Does Not Apply to Inter Partes Review

The U.S. Court of Appeals for the Federal Circuit (CAFC) today held in a precedential decision authored by Judge Chen that a non-disclosure agreement’s (NDA’…
By Eileen McDermott
12 days ago 1

Patent Filings Roundup: Uniloc (Fortress) Waves White Flag; IP Edge Files Dozens of Complaints to Start Third Quarter; Joao NPE Sues Texas Border Health Clinic, Withdraws

The third quarter came in like a wrecking ball, with district court patent filings spiking to 121 (roughly double average, driven entirely by a huge 48-complaint dump by …
By Jonathan Stroud
12 days ago 7

Report: Top IPR Law Firms of 2021

The annual IPR Intelligence Report evaluates all stakeholders in Inter Partes Review (IPR) proceedings each year. Here, we will reveal some of the best law firms involved …
By Pedram Sameni
12 days ago 5

CAFC Reverses PTAB Win for St. Jude, Finding Snyders’ Heart Valve Claims Not Unpatentable

On October 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a decision by the U.S. Patent and Trademark Office’s Patent Trial …
By Matthew Schutte
13 days ago 0

Employing a Trademark Test to Determine When a Patent is ‘Directed To’ a Section 101 Judicial Exception

Under U.S. trademark law and court precedent, determining whether there is a likelihood of confusion involves weighing a number of factors (13 factors to be exact), known …
By Wayne Reinke
13 days ago 12

‘Grand Theft Auto’ Game Makers Score Win at CAFC with Non-Infringement Ruling

On October 4, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part the claim construction and summary judgment of non-infringement ruling made by the U.…
By Logan Murr
14 days ago 0

Reyna Concurs in CAFC Reversal of Ineligibility Holding, But Blasts Majority’s Approach to Alice

The U.S. Court of Appeals for the Federal Circuit (CAFC) today reversed a district court decision that patent claims directed to an “authentication method” were ineligible …
By Eileen McDermott
15 days ago 11

CAFC Grants Mandamus to Apple on Petition to Vacate Albright’s Intra-District Re-Transfer

On Friday, October 1, the U.S Court of Appeals for the Federal Circuit (CAFC) ordered the latest in a series of recent grants of petitions for writ …
By Eileen McDermott
15 days ago 0