On September 28, 2022, the Federal Circuit reversed and remanded a decision from the Northern District of California granting a Rule 12 Motion to Dismiss on the basis that claims of U.S. Patent No. 9,432,452 were invalid under 35 U.S.C. § 101. Coop. Entm’t, Inc. v....
In 2021, an organization of patent owners and various patent-holding companies sued the USPTO in the Eastern District of Texas. The patent owners sought to force the USPTO Director to engage in notice-and-comment rulemaking regarding the standards for discretionary...
Patents protect intellectual property, but they are most effective when the holder is willing to defend them using litigation. It may involve jury trials, bench trials or even a subsequent appeal to the Circuit Court. The outcomes from these trials will vary from case...
Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017), designated precedential in 2017, sets forth seven factors to be considered before discretionarily denying subsequent IPR petitions challenging the same patent. The PTAB...
On August 2, 2022, Senator Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2022 (S. 4734) (“PERA”). Senator Tillis characterized the bill to “restore patent eligibility to important inventions across many fields.” The “fields” were said to...
On July 25, 2022, Chief Judge Orlando Garcia of the Western District of Texas effectively stripped the Waco Division of its dominance in patent cases by randomizing the judge assignment of patent cases filed in that division. Consequently, patents owners can no longer...
One of the most important steps in patent litigation is the discovery process. After you’ve discovered someone is using your patent, filed your patent complaint and received a response from the defendant, you most likely received a scheduling order from the court. A...
Patent infringement can be a serious concern for many patent owners. For that reason, they are likely to want to understand what is considered patent infringement and what can be done about it if the patent owner believes it is occurring. What is patent infringement...
When a California business feels like a competitor or third party has infringed upon its valid patent, the business still has to calculate the cost of legally pursuing the offender and compare it to the possible benefits from litigation. In this respect, it might be...
Expert witnesses play an important role in patent litigation. When litigating a patent infringement case, expert witness testimony can mean the difference between winning and losing. An expert witness can testify on both the merits of your invention and any technical...