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Vondran Legal

How to Obtain a Court Ordered Subpoena for ISP Subscriber Identity

Vondran Legal on

Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up - October 2021

Fish & Richardson on

This post summarizes some of the significant developments related to patent litigation in federal district courts of Texas for the month of October 2021....more

Weintraub Tobin

Google’s Servers Do Not Constitute A Regular And Established Place Of Business For Patent Venue

Weintraub Tobin on

It has become commonplace for companies such as Google to use local servers to provide faster service to customers. This practice has raised the question as to whether those local servers constitute “a regular and...more

Morgan Lewis

US Federal Circuit Clarifies Venue Law in Three Ways

Morgan Lewis on

In a welcome ruling for internet companies undergoing patent infringement suits, the US Court of Appeals for the Federal Circuit weighed in regarding what it means to have a “regular and established place of business” under...more

Fenwick & West LLP

Federal Circuit Rules Presence of Google Servers in District Insufficient to Establish Venue

Fenwick & West LLP on

On February 13, 2020, the U.S. Court of Appeals for the Federal Circuit reversed the Eastern District of Texas’ ruling that venue was proper in In re Google, 2019-126, halting for now the line of precedent finding that...more

McDermott Will & Emery

Presence of Servers Alone Does Not Establish Venue

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit has now held that a “place of business” for purposes of the patent venue statute requires an employee or agent of the defendant to be conducting business at that place. In light...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2020 #3

PATENT CASE OF THE WEEK - In re: Google LLC, Appeal No. 2019-126 (Fed. Cir. Feb. 13, 2020) - In this week’s Case of the Week, the Federal Circuit granted mandamus to dismiss or transfer a patent infringement suit for...more

Knobbe Martens

A “Regular and Established Place of Business” Under the Patent Venue Statute Requires the Presence of an Employee or Agent...

Knobbe Martens on

IN RE: GOOGLE LLC - Before Dyk, Wallach, and Taranto. On Petition for Writ of Mandamus to the District Court for the Eastern District of Texas. Summary: A defendant does not have a “regular and established place of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2019 #2

PATENT CASE OF THE WEEK - Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, Appeal No. 2017-2508 (Fed. Cir. Feb. 6, 2019) In an appeal from an order of the United States District Court for the District of...more

Fenwick & West LLP

Can a Server Be a Regular and Established Place of Business? Examining the SEVEN Networks Decision

Fenwick & West LLP on

Under the patent venue statute, 28 U.S.C. § 1400(b), a patent suit may be brought in a “judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and...more

Hogan Lovells

A sneak peek at China’s long-awaited new draft Patent Law

Hogan Lovells on

On 5 December 2018, the latest draft of the Chinese Patent Law was presented to China’s State Council (i.e. the executive body of China’s central government) during a meeting chaired by Premier Li Keqiang (see here for a...more

Fenwick & West LLP

Under Patent Venue Statute, Servers Housed in Texas District Count as Regular and Established Place of Business

Fenwick & West LLP on

The District Court for the Eastern District of Texas has denied Google’s motion to dismiss or transfer the patent infringement case SEVEN Networks v. Google for improper venue, finding that Google’s servers housed by...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

McDermott Will & Emery

Specific, Discrete Implementation of Abstract Idea Is Patent Eligible

McDermott Will & Emery on

Once again addressing patent eligibility of software patent claims, the US Court of Appeals for the Federal Circuit this time reversed a finding of ineligible subject matter based on the Alice step two inventive concept...more

McDonnell Boehnen Hulbert & Berghoff LLP

BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC (Fed. Cir. 2016) - Federal Circuit Concurrence -- Decide Patentability...

The Federal Circuit earlier today vacated a District Court's order dismissing BASCOM's complaint and remanded for further proceedings. BASCOM sued AT&T Inc. for patent infringement of U.S. Patent No. 5,987,606, and the U.S....more

King & Spalding

Trans-Pacific Partnership Agreement Features Key Developments in Intellectual Property and Information Technology

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On October 5, the 12 Trans-Pacific Partnership (“TPP”) countries announced that they had resolved all remaining issues and reached a final agreement on the long-anticipated regional free-trade agreement. As King & Spalding...more

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