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Personal Jurisdiction/Forum Non Conveniens - The World In U.S. Courts: Winter 2019
Agis Software Development LLC v. HTC Corporation, US District Court for the Eastern District of Texas, September 28, 2018
United States
27 Mar 2019
The World In U.S. Courts: Winter 2019
Please click on the area of law you are interested in (for example, "Intellectual Property – Trademark," and you will be brought to all of the case summaries relating to it.
United States
25 Mar 2019
Senate Judiciary Committee Creates IP Subcommittee To Combat IP Theft
Last week, the United States Senate Judiciary Committee announced the creation of a new subcommittee on intellectual property
United States
18 Feb 2019
The New Madison Approach Goes To Court
On January 11, 2019, the U.S. DOJ Antitrust Division (Division) filed a Notice of Intent to File a Statement of Interest in a lawsuit filed ...
United States
29 Jan 2019
To Patent Or Not To Patent? Preserving Trade Secret Status During Prosecution
Amid a growing body of unsettled law regarding the patentability of software and business methods patents, companies are increasingly choosing to maintain ...
United States
19 Dec 2018
Intellectual Property - Patents - The World In U.S. Courts: Summer-Fall 2018
The overseas events giving rise to the lost-profit damages here were incidental to the infringement.
United States
6 Dec 2018
Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer-Fall 2018
An association of Brazilian health insurance providers sued Stryker, a Michigan corporation that manufactures and distributes medical devices, alleging that Stryker's fraudulent and improper payments...
United States
6 Dec 2018
Disqualifying An Expert: When Is An Expert's Prior Relationship Prejudicial To The Opposing Party?
Expert witnesses play a critical role in patent litigation, particularly where the subject matter is highly technical. The more specialized the technology, the more common it is for an expert witness
United States
15 Oct 2018
IPR Reply Briefs: Drawing The Line Between "Responsive" And "New"
37 C.F.R. § 42.23(b) limits a petitioner's inter partes review ("IPR") reply papers to arguments raised by the patent owner in its opposition.
United States
28 Sep 2018
Judicial Reprimand Serves As Cautionary Tale For Litigants Everywhere
On July 19, 2018, Eastern District of Texas Judge Rodney Gilstrap issued a scathing order in response to a motion by Google LLC to "establish" a procedure for resolving claim construction disputes.
United States
13 Aug 2018
Court Declines To Exercise Pendent Venue Over A Patent Case And Denies Section 1400(b) Discovery
In a June 12, 2018, order, Judge Haywood S. Gilliam, Jr. granted the motion of defendant Stance Beauty Labs ("Stance") to dismiss for improper venue, rejecting plaintiff Olivia Garden's request...
United States
6 Aug 2018
How To Shoot For The Stars: Federal Circuit Clarifies EMVR Requirements
Patent damages law can be fairly complex—so much so that Daubert motions against damages experts are filed in nearly every case.
United States
24 Jul 2018
Seven Months' Delay Too Much for Venue Transfer After TC Heartland…. Or Is It?
In the case of these two rulings, the courts' analysis appeared to hinge on whether the parties had been actively litigating during their respective seven month periods.
United States
24 Jul 2018
Patentee Cannot Recover Post-Judgment Damages Via A Late Motion For Accounting
Order Denying Motion for Accounting to Determine Supplemental Damages, Kaneka Corporation v. JBS Hair, Inc., N.D. Tex. (June 13, 2018) (Judge David Godbey) ...
United States
24 Jul 2018
Beware Of Firing Your Own Witness Prior To Trial
Judge Leonard Stark recently decided several pretrial motions in this medical device patent infringement suit leading up to next month's jury trial.
United States
23 Aug 2017
When It Comes To Domestic Industry's Economic Prong, Numbers Speak Louder Than Words
Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond, Certain Radio Frequency Identification ("RFID") Products and Components Thereof, ITC Inv. No. 337-TA-979 (June 22, 2017) (ALJ MaryJoan McNamara)
United States
11 Aug 2017
STRONGER Patents Act Of 2017 Likely Too Heavy Lift For Congress
It may be late July, but the impending Congressional recess has not lessened potential interest by lawmakers in patent reform.
United States
7 Aug 2017
TC Heartland – One Month Later Delaware, Texas, California And Illinois Courts Most Popular Venues
We previously reported on the early impact of the Supreme Court's decision in TC Heartland based on the first few weeks of new filings.
United States
30 Jun 2017
Patent Reviews Get Supreme Court Review
The U.S. Supreme Court has decided to take up the issue of whether inter partes reviews and certain other America Invents Act proceedings are unconstitutional...
United States
29 Jun 2017
High Court To Address Constitutionality Of Inter Partes Reviews
This is at least the fourth time in the past year that a certiorari petition was filed, contending that AIA reviews were unconstitutional.
United States
23 Jun 2017
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