News & Analysis as of

Jurisdiction Patents

Lack of Jurisdiction Flatlines Pulse’s Appeal

The Federal Circuit in Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 16-2006 (May 26, 2017) held that it lacked jurisdiction under 28 U.S.C. §§ 1295(a)(1) and 1292(c)(2) to hear an appeal from a district court’s...more

New Life for Venue Challenges under TC Heartland after Rule 12 Motions Are Concluded

In a May 23, 2017 Text Order, the District Court for the Central District of Illinois directed the parties sua sponte to brief the impact of the Supreme Court’s May 22, 2017 decision in TC Heartland LLC v. Kraft Foods Group...more

[Webinar] 2017 Litigation Update - June 14th, 12:00pm CT

by Brinks Gilson & Lione on

On Wednesday, June 14, 2017, at 12:00pm CT, the Litigation practice group will present the webinar, "2017 Litigation Update." Attorneys David P. Lindner, James K. Cleland, Alex J. Fernandez, and Andrew McElligott will present...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit:

The big news this week (and it is particularly big news in Tyler and Marshall, Texas) is that the ?Supreme Court rules that a defendant “resides” for purposes of the patent venue statute only ?where the defendant actually ?is...more

T.C. Heartland Leaves Open Patent Venue Questions

by Smith Anderson on

The words “venue” and “headline news” are typically not found in the same sentence. Yet the United States Supreme Court’s decision in T.C. Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017) managed to achieve...more

“TC Heartland” Supreme Court Limits Venue in Patent Suits

Monday, in a unanimous opinion (Goresuch did not participate), the Supreme Court interpreted the patent venue statute (28 USC s. 1400(b)) to require that the phrase “where the defendant resides” be limited to the defendant’s...more

USPTO Director Grants Extension for Missed IPR Appeal to Federal Circuit

by Knobbe Martens on

The USPTO Director granted a request to extend a missed deadline for an appeal of an IPR decision to the Federal Circuit due to the patent owner’s excusable neglect in Mitsubishi Cable Industr., Ltd. v. Goto Denshi Co., Ltd.,...more

Sovereign immunity shields university from inventorship dispute

by Hogan Lovells on

In a case involving medical methods invented by two Nobel laureates, the U.S. Court of Appeals for the Federal Circuit has ruled that sovereign immunity prevents a third researcher from pursuing his claim of co-inventorship...more

Lettre d’actualité IPMT: #14 - March 2017

by Hogan Lovells on

Brevets - Déclaration de non-contrefaçon et compétence territoriale du juge français - Le Tribunal de grande instance de Paris est compétent pour connaître d'une action en déclaration de non-contrefaçon des...more

Co-Pending Litigation Is Not Sufficient Basis to Deny Transfer Motion

by McDermott Will & Emery on

Addressing jurisdictional transfer issues in a divided opinion, the US Court of Appeals for the Federal Circuit granted the extraordinary relief of issuing a mandamus order to transfer a patent infringement case, finding that...more

University of Utah v. Max-Planck-Gesellschaft Zur Foerderung der Wissenschatfen E.V. (Fed. Cir. 2017)

Despite the Supreme Court's admonition, in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Mgmt. Sys., Inc., that attorney's fees and other measures of enhanced damages be granted, in a...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 1

In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more

Narrowing Jurisdiction in Covered Business Method Proceedings

In 1998, the United States Court of Appeals for the Federal Circuit decided State Street Bank & Trust Co. v. Signature Financial Group, Inc., which upheld the patentability of business methods in the United States. Since...more

State Court Lacks Jurisdiction Over Legal Malpractice Claim That Required Court To Resolve Federal Issues Relating To Scope,...

by Hinshaw & Culbertson LLP on

Solar Dynamics, Inc. v. Buchanan Ingersoll & Rooney, P.C., 2017 WL 519314 (Fla. 2017) - Brief Summary - A Florida appellate court held that the trial court lacked jurisdiction over a legal malpractice action that...more

Federal Circuit Expands Personal Jurisdiction in Declaratory Judgment Suits

by BakerHostetler on

In Xilinx Inc. v. Papst Licensing GmbH & Co. KG, Appeal No. 2015-1919 (Fed. Cir. Feb. 15, 2017), the Federal Circuit applied the usual test for in personam jurisdiction, in an apparently new way, to reverse dismissal of a...more

Biotechnology Considerations for the Unitary Patent System in Light of Brexit and Other Current Developments

by Knobbe Martens on

Written by Daniel A. Kamkar and Eric Furman, Ph.D. After the United Kingdom voted to leave the European Union, dubbed “Brexit” by the press, many have called into question whether the UK would ratify the Unitary Patent...more

RX IP Update - January 2017

by Smart & Biggar on

Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld - As previously reported, the Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the...more

2017 Intellectual Property Law Year In Review

by McDermott Will & Emery on

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

UPC Targets December 2017 Launch

by Dechert LLP on

The Preparatory Committee for the European Unified Patent Court (UPC) has indicated its intention that the UPC will become operational and the UPC Agreement will come into force in December 2017....more

Federal Circuit Panel Urges Court to Revisit Reviewability of § 315(b) En Banc

by McDermott Will & Emery on

Addressing jurisdictional issues on remand from the Supreme Court of the United States, the US Court of Appeals for the Federal Circuit dismissed an appeal of a Patent Trial and Appeal Board (PTAB or Board) decision to...more

Why Chinese Companies Need to Exercise Caution When Attending Trade Shows in the United States

by Tarter Krinsky & Drogin LLP on

Over the past two years, owners of U.S. patents have used Chinese companies' appearances at a trade show as a patent infringement "trap." These patent owners have commenced patent infringement cases against Chinese companies...more

Medtronic v. Robert Bosch – Has the Federal Circuit closed the door on reviewing IPR institution decisions?

by Knobbe Martens on

On October 20, 2016, the Federal Circuit issued yet another opinion finding that the Patent Trial and Appeal Board’s decisions related to the institution of an inter partes review (IPR) are not subject to judicial review. ...more

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

by Ladas & Parry LLP on

Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

ITC Declines to File Petition for Certiorari – CAFC Holding that ITC Does Not Have Jurisdiction over Digital Imports Stands

The deadline has come and gone for the ITC and patentee Align to file petitions for certiorari seeking review by the Supreme Court of the Federal Circuit’s decision in ClearCorrect. On November 10, 2015, a panel of the...more

Prevailing Party Before PTAB May Not Appeal

by McDermott Will & Emery on

Addressing the right of a prevailing party to appeal a favorable decision, the US Court of Appeals for the Federal Circuit dismissed an appeal of a case from the Patent Trial and Appeal Board (PTAB or Board) and ruled that...more

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