The U.S. Court of Appeals for the Fifth Circuit recently issued a writ of mandamus transferring a case from the Western District of Texas—a commonly chosen jurisdiction for patent infringement lawsuits—to the Northern...more
In Elekta Ltd. v. ZAP Surgical Systems, Inc., the Federal Circuit affirmed a Patent Trial and Appeal Board decision in an inter partes review that invalidated patent claims relating to “a device for treating a patient with...more
Third-party litigation financing (TPLF) is an arrangement by which plaintiffs finance litigation costs through a non-party, typically a private firm that obtain funds from other investors. The commercial goal for a funder is...more
I. Introduction -
In Treehouse Avatar LLC v. Valve Corp., the Federal Circuit affirmed the Western District of Washington’s decisions to (i) strike portions of an expert report that failed to apply the parties agreed upon...more
On March 16, 2022, the Court of Appeals for the Federal Circuit denied Biogen International GmbH and Biogen MA, Inc.’s (“Biogen”) combined petition for panel rehearing and rehearing en banc in Biogen International GmbH v....more
The rate at which the Patent Trial and Appeal Board (“PTAB” or “Board”) institutes Petitions for Inter Partes Review (“IPR”) has been in steady decline since the introduction of the IPR procedure in 2013, and is expected to...more
11/19/2020
/ Denial of Institution ,
Final Written Decisions ,
General Plastic Factors ,
Inter Partes Review (IPR) Proceeding ,
Parallel Proceedings ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
PTAB Precedential Opinion Panel (POP) ,
Trial Practice Guidance
Recent appellate decisions coming out of the United States and the United Kingdom relating to global FRAND terms for standard essential patents will likely increase the possibility of forum shopping by patent owners and...more
9/24/2020
/ Appeals ,
ETSI ,
Forum Shopping ,
FRAND ,
Global Market ,
Injunctive Relief ,
IP License ,
Jurisdiction ,
Motion To Enjoin ,
Patent Infringement ,
Patent Royalties ,
Patents ,
Seventh Amendment ,
Standard Essential Patents ,
Technology Sector ,
Telecommunications ,
UK ,
UK Supreme Court ,
United States
Baxalta Inc. v. Genentech, Inc., 2019-1527, (Fed. Cir. Aug 27, 2020) -
In an appeal from the District of Delaware, the Federal Circuit (Judges Moore, Plager, and Wallach) vacated and remanded the district court’s judgment...more
9/22/2020
/ Appeals ,
Claim Construction ,
Noninfringement ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution History ,
Patents ,
Remand ,
Reversible Error ,
Vacated ,
Written Descriptions