Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
Federal Circuit Summary Before Reyna, Linn , and Hughes. Petition for Writ of Mandamus from the District Court for the Eastern District of Texas. Summary : A corporation incorporated in a state having multiple judicial districts “resides” for…
Federal Circuit Summaries Before Reyna, Bryson , and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : A petitioner in an Inter Partes Review may introduce new evidence not included in its petition if: 1) the evidence is a reply to evidence…
Federal Circuit Summary Before Reyna, Linn , and Hughes. On Petition for Writ of Mandamus to the Eastern District of Texas. Summary : Under Federal Circuit law, the plaintiff bears the burden of showing that venue is proper. Further, an arms-length…
Federal Circuit Summary Before Hughes , Reyna, Stoll. Appeal from the District of Minnesota. Summary : Specific personal jurisdiction over a foreign corporation is proper when the foreign corporation allegedly commits acts that infringe a U.S. patent on a…
Federal Circuit Summary Before Wallach , O’Malley, and Schall. Appeal from the Patent Trial and Appeal Board. Summary : PGR petitioner has standing to appeal PTAB decision, where petitioner intended to file an ANDA for the patented product as soon as…
Federal Circuit Summary Before NEWMAN , DYK, and STOLL. Appeal from the Northern District of California. Summary : A consumer of a patented product has no standing under the Declaratory Judgment Act to challenge the validity of patents. AIDS…
The USPTO published a Notice of Proposed Rulemaking on May 9, 2018 seeking to change the claim construction standard for PTAB trials from the current broadest reasonable interpretation (BRI) to the claim construction standard applied in federal courts and…
Federal Circuit Summary Before PROST , WALLACH, and TARANTO. On Petition for Writ of Mandamus to the U.S. District Court for the District of Delaware. Summary : The patent venue statute, 28 U.S.C. § 1400(b), does not apply to foreign corporations,…
On May 2, 2018, high-end fashion designer and retailer Burberry Limited filed a complaint in the Southern District of New York against big box retailer Target Corporation alleging trademark infringement and trademark counterfeiting (among other claims) for…
Patent Judgments & Awards In April 2018, a jury in the Eastern District of Texas awarded VirnetX Inc. (“VirnetX”) a total of more than $500,000,000 in its patent infringement suit against Apple Inc. (“Apple”). The four…
Federal Circuit Summary Before Wallach, Chen , and Hughes. Appeal from the Patent Trial and Appeal Board. Summary : A party may not be time-barred from instituting an IPR despite having a business relationship with a defendant in an earlier filed…
Federal Circuit Summary Before Moore, Hughes, and Stoll . Appeal from the United States District Court for the District of North Dakota. Summary : A district court must articulate a reasonable basis for denying attorneys’ fees under § 285 if it…
