Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Last year, we published a list of the most litigated patents ( Patexia Insight 8 ). Most of these patents did not survive, with the number of attacks faced by various entities. However, this week, we are releasing our list of the top 5 most valuable…
Written by Benjamin Anger and Mark Rubinshtein, Ph.D. A magistrate judge in the Eastern District of Texas recommended in Network-1 Technologies, Inc. v. Alcatel-Lucent USA, Inc. Case No. 6:11-cv-492 (E.D.Tex. September 25, 2017) that Hewlett-Packard…
A computer and technology policy is an important part of protecting and managing intellectual property. A business should consider establishing a policy that addresses the following points: USE OF COMPANY TECHNOLOGY The technology provided by the company,…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt In Jang v. Boston Scientific , the Circuit takes on the doctrine of ensnarement, affirming a district court’s grant of JMOL based on the patentee’s inability to develop a hypothetical…
Written by Ben J. Everton and David T. Kim The PTAB denied institution of Covered Business Method (CBM) Review, finding that the parties’ license agreement and covenant not to sue removed any “imminent” threat of an infringement suit.…
Last week, we released the names of the five most active companies in IPR. However, the most active ones are not necessarily the best performing. This week, we have reviewed all entities that have been involved in IPR through the end of the second quarter…
In an interesting case at the intersection of patent and trademark law, as well as that of functionality and branding, Change Wind Corporation (Change) has lost its bid to register its turbine design as a federal trademark. Change filed U.S. Trademark…
Written by Peter E. Heuser - Schwabe, Williamson & Wyatt P.C. In In Re Cray , the panel grants Cray’s petition for a writ of mandamus, ruling that the district court’s handling of the case is not consistent with its case law regarding what is…
Written by Benjamin Anger and David T. Kim The PTAB’s Chief Administrative Patent Judge and Deputy Chief Administrative Patent Judge joined an expanded PTAB panel that adopted the seven NVIDIA factors and denied institution of the Petitioner’s…
Last September we released the top 25 petitioners in IPRs. Apple was atop the list with almost 5 percent of all cases filed. We reviewed all IPR cases again this year and, as of the end of the second quarter, there were 6,580 IPR challenges filed before…
Written by Peter Law and Kerry S. Taylor, Ph.D. September 16, 2017 marked five years since the Patent Trial and Appeal Board (PTAB) was created. Some of the notable statistics and trends of the previous 5 years are shown here. As of September 18, 2017,…
Written by Marc Chatenay-Lapointe, Ph.D. and Agnes Juang, Ph.D. The recent district court ruling in INO Therapeutics LLC et al v. Praxair Distribution, Inc. et al employed the two-step analytical framework of Mayo/Alice to evaluate subject matter…
