IP Litigation Insider - July 2011


In This Issue:

- Waiting for the Verdict in the Eastern District of Texas

By: Mike Locklar

Your closing is complete. The last words of the jury charge still hang in the air. One of the senior associates is instructed to wait in the courtroom for word that the jury has reached the verdict. There is little for you to do until the jury comes back with the verdict. What do you do with yourself until you get the call to come back and hear the fate of the case? Here are some suggestions if you find yourself in one of the courts in the Eastern District of Texas....

- How Do Texas Courts Rank in Factors Affecting Patent Litigation? By: Tom Adolph

In a recent article in AIPLA Quarterly Journal, Professor Mark Lemley provides an interesting and comprehensive analysis of the differences between the US district courts with respect to outcomes favoring patent owners or accused infringers, time to resolution, time to trial, and other statistics of interest in choosing venue. With respect to Texas district courts, the article provides some expected statistics, but also numerous surprises....

Federal Circuit Ruling on Inequitable Conduct Adopts Tougher Standard By: Chris Rourk and Mike Locklar

In Therasense v. Becton Dickinson, a split Federal Circuit sitting en banc adopted a more difficult standard for proving inequitable conduct before the U.S. Patent Office (PTO). The initial panel decision in Therasense affirmed the district court ruling, which held that an affidavit from a related application that was not disclosed by the applicant during prosecution was material under the PTO rules, and that the applicant's failure to disclose that material affidavit was intentional...

Please see full newsletter below for links.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jackson Walker | Attorney Advertising

Written by:


Jackson Walker on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.