Much like our recent egarding an EDVA judge’s denial of a joint request to vacate the court’s earlier rulings after a settlement, another recent EDVA decision reinforces that EDVA judges are unwilling to simply rubber-stamp...more
More than 16 months ago, the two ranking members of the Senate Judiciary Committee asked Chief Justice John Roberts to direct the Judicial Conference of the United States to study forum shopping in patent litigation,...more
In significant and hard-fought litigation, it is not uncommon for parties to reach a settlement that includes an agreement to jointly move the court to vacate earlier rulings on key motions in the case. For a settling...more
We recently about the seeking preliminary relief under the Rocket Docket’s procedures. A recent decision from Judge Alston in the Alexandria Division is a good example of the speed in which the court acts in the context of...more
On May 17, in an apparent case of first impression in the Fourth Circuit, an Eastern District of Virginia (EDVA) judge granted an “anti-suit injunction,” barring a plaintiff from filing suit on a claim in any other...more
On April 24, Chief Justice Roberts forwarded to Congress amendments to Federal Rule of Evidence 702 governing the admission of expert testimony in the federal courts. The amendments will take effect on December 1 unless...more
From the mid-1990s until the mid-2010s, the EDVA typically ranked among the top 10 federal districts for patent litigation. See Gugliuzza, Paul R. and Anderson, Jonas, Why Do Judges Compete for (Patent) Cases? at 24-25...more
6/20/2023
/ Business Litigation ,
Forum Selection ,
Intellectual Property Protection ,
Jurisdiction ,
Motion to Transfer ,
Out-of-State Companies ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Transfer of Venue ,
Virginia
Fed. R. Civ. P. 65 allows a district court to issue a temporary restraining order (TRO) and/or a preliminary injunction to maintain the status quo and avoid irreparable harm while a suit is pending. The process is intended to...more
In perhaps the first case addressing transfer of a federal antitrust action to an MDL court, Judge Leonie Brinkema of the Alexandria Division of the EDVA recently denied a motion to transfer an antitrust action against Google...more
6/15/2023
/ Adtech ,
Anticompetitive Behavior ,
Antitrust Litigation ,
Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Google ,
Monopolization ,
Multidistrict Litigation ,
SCOTUS ,
Targeted Digital Advertising ,
Transfer of Venue
The Texas federal courts have long reigned as among the most popular venues for patent litigation. According to Lex Machina, about a third of all patent cases filed in the United States last year were filed in just two...more
This article explores the effect of the pandemic on patent trials. Early in the COVID-19 pandemic, rapidly shifting conditions, state and federal guidance, and many unknowns forced federal district courts to adapt their...more