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PTAB Confirms (Again) That The AIA's "Enhanced Estoppel" Provision Applies To Concurrent IPR Proceedings
In a decision from the PTAB issued last week, the Board confirmed that the "enhanced estoppel" provision of 35 U.S.C. § 315(e)(1) applies to co-pending IPR proceedings when a final written decision issues in a first IPR.
United States
22 Aug 2019
Claim Construction Of "Customary And Ordinary" Meaning Does Not Justify Amendment Of Noninfringement And Invalidity Contentions
Recently, in a patent infringement action pending in the Eastern District of Michigan, Webasto Thermo & Comfort N. Am., Inc. v. BesTop, Inc., No. 2:16-cv-13456.
United States
12 Jun 2019
Where Both Parties Behave Badly In Litigation, Attorneys' Fees Are Unlikely To Be Awarded
On April 25, 2019, in Int'l Designs Corp., LLC, et. al. v. Hair Art Int'l, Inc., Judge George H. Wu in the Central District of California denied Hair Art's motion for attorneys' fees under 35 U.S.C. § 285.
United States
23 May 2019
Expert's Lump-Sum Damage Calculation Is Not Inadmissible Because It Accounts For Future Sales Of Potentially Non-Accused Products
A recent order from the District of Delaware in Evolved Wireless, LLC v. Apple Inc., No. 15-00542 ("Evolved Wireless") provides interesting guidance regarding the use of future sales in calculating
United States
10 Apr 2019
When Is Pre-Acquisition Analysis Of Patents Protected From Discovery During Litigation?
A Discovery Master in Limestone Memory Systems LLC v. Micron Tech., Inc. pending in the Central District of California recently provided additional guidance to practitioners and patent owners
United States
9 Apr 2019
Northern District Of California Holds That Patent Suit Against Only Foreign Entities Is Permissible Even Where Inclusion Of Domestic Entities Would Alter Venue Analysis
A recent order from the Northern District of California in AU Optronics Corporation America v. Vista Peak Ventures, LLC, 4:18-cv-04638 (CAND 2019-02-19) ("AU Optronics") ...
United States
11 Mar 2019
Continental Circuits LLC v. Intel Corp., Et Al: Federal Circuit Reemphasizes Prohibition On Importing A Preferred Embodiment Into Patent Claims
The Court of Appeals for the Federal Circuit (CAFC) recently issued a precedential opinion finding that a lower court had improperly incorporated an embodiment from the specification
United States
28 Feb 2019
§102(B) Printed Publication: Unrestricted Distribution At A Trade Show
The U.S. Court of Appeals for the Federal Circuit opinion issued on November 1, 2018 clarifies the standard for a document to qualify as a "printed publication" under pre-AIA 35 U.S.C. §102(b)...
United States
9 Nov 2018
Patent Infringement Claim Involving Complicated Technology May Require Additional Detail In Complaint
A recent opinion from the Northern District of Texas is a reminder to all patent practitioners to heed pleading standards when drafting a complaint for patent infringement.
United States
19 Oct 2018
ALJ Cheney Holds That IPR Estoppel Does Not Apply To ITC Investigative Staff
In an Initial Determination finding that Fujifilm violated Section 337 by infringing two patents held by Sony, ALJ Cheney found another patent invalid after ruling that inter partes review ("IPR")
United States
19 Oct 2018
Franchised Automobile Dealerships Count As Regular And Established Places Of Business For Purposes Of Proper Patent Infringement Venue
In our continuing post-TC Heartland coverage, Judge Rodney Gilstrap of the Eastern District of Texas recently issued an interesting decision regarding the venue analysis for car companies selling ...
United States
21 Sep 2018
A Sales Agent's Home Office May Qualify As A Regular And Established Place Of Business
In our continued post-TC Heartland coverage, the Southern District of New York recently held that an employee's home office in New York constituted a "regular and established place of business"
United States
28 Aug 2018
Google's Servers Housed By A Third-Party ISP Qualify As A Regular And Established Place Of Business To Establish Proper Venue In The Eastern District Of Texas
In our continued post-TC Heartland coverage, Judge Gilstrap in the Eastern District of Texas recently held that venue was proper because Google exercises exclusive control over physical servers implicated by...
United States
22 Aug 2018
International Trade Commission Clarifies Domestic Industry Requirements In Favor Of Patent Owners
A recent decision by the ITC improves a patent owner's ability to demonstrate that it possesses a statutorily required "domestic industry" and can therefore obtain relief from the Commission when others infringe its...
United States
14 Aug 2018
Improper Venue For Web-Based Company In Light Of In Re Cray
In our continuing post-TC Heartland coverage, the District of Nevada recently identified a key factor in analyzing venue challenges in patent litigation
United States
8 Aug 2018
Recent ITC Decision Clarifies And Eases Domestic Industry Burden For Patent Holders
A recent decision by the International Trade Commission improves intellectual property holders' ability to prove that they have a "domestic industry" and obtain relief for infringement from the Commission.
United States
18 Jul 2018
Discovery Concerning Potential Litigation Funding Is Not Relevant Or Proportional
A recent order from the Northern District of California provides some succinct guidance on the relevancy of discovery concerning litigation funding.
United States
19 Jun 2018
Can Retrieving Materials From A Storage Unit Qualify As Engaging In Business Activity For Purposes Of Establishing Proper Patent Venue?
The court considered whether the storage units in question are locations where business is done.
United States
13 Jun 2018
Evidence Of Bad Faith Patent Prosecution Can Support An Award Of Attorney Fees
A recent opinion from the District of New Jersey is a cautionary tale for patent practitioners regarding conduct during patent prosecution that can be framed as bad faith.
United States
6 Jun 2018
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