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The Hidden Hurdles Of Section 101 Eligibility Determinations

On August 6, 2024, in Mobile Acuity Ltd. v Blippar Ltd., __F.4th__; 2024 U.S. App. LEXIS 17573* (Fed. Cir. Aug. 6, 2024), the Federal Circuit upheld the Rule 12 dismissal of Mobile Acuity’s patent infringement lawsuit against...more

Common Patent Litigation Defenses Insufficient To Justify Award Of Attorneys’ Fees

In Realtime Adaptive Streaming LLC v. Sling TV, LLC, et al., 2024 U.S. App. LEXIS 21348 (Fed. Cir. Aug. 23, 2024), the Federal Circuit, in an opinion authored by Judge Alan D. Albright sitting by designation, vacated and...more

Intrinsic Record Paramount In Rule 12 Eligibility Determinations

In the recent decision of Miller Mendel, Inc. v. City of Anna, Texas, 2024 U.S. App. LEXIS 17637 (Fed. Cir. July 18, 2024), the Federal Circuit upheld the district court’s grant of a motion for judgment on the pleadings under...more

Supreme Court Uses Enablement To Curb Broad Patents

On May 18, 2023, the Supreme Court held claims of two patents owned by Amgen, Inc. to be invalid for failing to enable persons skilled in the art to practice the invention as required by 35 U.S.C. §112.  Amgen, Inc., et al....more

District Court Finding of Invalidity Does Not Excuse Applying Fintiv Factors For Discretionary Denial

On May 2, 2023, in Volvo Penta of the America’s, LLC v. Brunswick Corp., Case No. 2022-1366 et al., Paper 15 (PTAB May 2, 2023), Director Vidal sua sponte vacated a PTAB decision denying IPR institution due to a district...more

Federal Circuit Revives Big Tech’s Fintiv Challenge

On March 13, 2023, in Apple, Inc., et al. v. Vidal, Case No. 2022-1249 (Fed. Cir. March 13, 2023), the Federal Circuit reversed and remanded a decision from the Northern District of California dismissing a lawsuit filed by...more

Plausible Factual Allegations Supported By The Intrinsic Record Key To Overcoming Section 101 Patent-Eligibility Challenge

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...more

Fifth Circuit Denies Patent Owners’ Attempt To Formalize PTAB’s Discretionary Denials

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...more

Some common outcomes when pursuing patent litigation

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....more

Serial IPR Petitions No Longer Doomed By A Double Dose Of Discretionary Denial

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...more

Restoring Patent Eligibility May Not Restore Clarity

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...more

If patent owners can’t mess with the Western District of Texas, then what next?

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....more

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