Writ of Mandamus

News & Analysis as of

Court Reverses New Trial Order After A Jury Verdict On A Trust Dispute

In In re Jones, there was a jury trial on the issue of whether a revocable trust was revoked such that the trustee, Jones, or the settlor’s executor, Coyle, had the right to the trust assets. No. 05-16-0081-CV, 2016 Tex. App....more

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

Texas Supreme Court: No Absolute Right to Have Designated Representative Present for Trade Secrets Proceedings

Following oral arguments (which we reported on in February), on May 20, 2016, the Texas Supreme Court issued its first opinion involving the Texas Uniform Trade Secrets Act, which was enacted in 2013. In December...more

Practical Tips: Keeping Trade Secrets Safe During Litigation – Texas Supreme Court Edition

Recently, the Texas Supreme Court provided its first opinion interpreting the Texas Uniform Trade Secrets Act in a case involving an issue that often causes discomfort to lawyers on both sides of the “v” in trade secret...more

Texas Supreme Court: Company Representative May Be Excluded from Trade Secret Hearing

In a clash between two major oil companies, the Texas Supreme Court ruled May 20, 2016 that the recently enacted Texas Uniform Trade Secrets Act (“TUTSA”) allows the trial court discretion to exclude a company representative...more

Federal Circuit Review | May 2016

Federal Circuit Construes Claim Term in a Manner that Rendered Claim Language Superfluous - In SimpleAir, Inc. v. Sony Ericsson Mobile Commc’ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court’s...more

Invocation of "The Rule" During Trade Secret Injunction Hearings

The Texas Supreme Court ruled last week that a party accused of stealing trade secrets does not have an absolute right to be present in the courtroom for the entirety of a preliminary injunction hearing when the trade secrets...more

Corporate Residence Definition in Patent Cases Unchanged by Congressional Revisions to Venue Statute; Minimum Contacts Under...

In re TC Heartland LLC, __ F.3d __ (Fed. Cir. Apr. 29, 2016) (MOORE, Linn, Wallach) (D. Del.: Stark) - Fed Cir denies petition for writ of mandamus that sought to require the district court to dismiss or transfer...more

Federal Circuit Unanimously Declines Invitation to Limit Venue in Patent Infringement Cases in In Re: TC Heartland LLC

On April 29, 2016, the Federal Circuit issued its decision in In re: TC Heartland LLC (No. 2016-105), denying TC Heartland LLC’s petition for a writ of mandamus to direct the United States District Court for the District of...more

Patent Owners Now Estopped From Relying On PTAB Estoppel

A recent Federal Circuit decision on a writ of mandamus as to the scope of the estoppel provided in 35 U.S.C § 315(e) appears to be contrary to the scope that practitioners and the legislators had in mind when the America...more

Can the USPTO Still Reject “Disparaging” Trademarks? Stay Tuned

Nobody knows, and that’s why the United States Patent and Trademark Office (USPTO) just filed a petition asking Supreme Court to settle its turf battle with the Federal Circuit Court....more

District Court Orders Production of Settlement Agreements But Denies Request for Deposition That Would Go Beyond Four Corners of...

Plaintiffs filed a declaratory judgment action seeking a declaration that U.S. Patent No. 7,923,221 (the "Cabilly III patent"), owned by Defendants, is invalid and therefore Plaintiffs do not owe royalties with respect to...more

The Slants’ Trademark Application Remains in Purgatory as Federal Circuit Passes on Pushing PTO to Publish

Late last year, Simon Tam and his legal team scored a big-time victory: they convinced the U.S. Federal Circuit Court of Appeals (sitting en banc) that Section 2(a) of the Lanham Act violated the First Amendment. The Court...more

Patent Venue Legislation Could Have A Dramatic Impact on Popular Patent Venues

This March, three United States Senators introduced the “Venue Equity and Non-Uniformity Elimination Act of 2016.” The bill would dramatically narrow the venue statute that applies to patent cases and, it appears, prevent...more

The Estoppel Effects of IPR May Be Significantly Limited

A recent case at the Federal Circuit seems to significantly limit the estoppel effect of an Inter Partes Review (IPR) that is instituted on some grounds, but not all. The case adds another arrow in the strategic quiver of...more

Intellectual Property Alert: Federal Circuit Panel Not Sweet on TC Heartland’s Petition to Change Rules for Patent Venue

“Boy, doesn’t this feel like something a legislature should do?” So said Judge Moore on March 11 in the oral argument on the pending petition for a writ of mandamus in In re TC Heartland LLC. Judges Wallach and Linn rounded...more

The Latest Twist In The Apple v. VirnetX IPRs: Appeals Court Issues Temporary Stay

On March 7, 2016, the Federal Circuit issued a temporary stay to permit briefing by the parties on the question of whether the PTAB properly ruled that Apple could use the joinder process in Mangrove Capital’s IPR against...more

4 Key Things to Watch on Recent Finding Related to Medicare Appeals Backlog

On Feb. 9, 2016, the D.C. Circuit found that the lower court has the authority to order the Department of Health & Human Services (HHS) to resolve the massive backlog of Medicare appeals tied up in the administrative law...more

Intellectual Property Alert: Patent Agent Privilege Confirmed by Federal Circuit

Yesterday, in a 2-1 mandamus decision in the case In re Queens University, the Federal Circuit ordered the district court to withdraw its order compelling discovery of communications with non-attorney patent agents. The...more

The Privileged Few

In Queens’s University at Kingston, [2015-145] (March 7, 2016) the Federal Circuit granted a writ of mandamus directing the district court to withdraw its order compelling the production of Queen’s University’s communications...more

Federal Court finds “Systemic Failure” in Processing of Administrative Appeals for Medicare Reimbursement Claims

A win for efficiency: The AHA suit may force shorter adjudication times for Medicare administrative appeals. In 2014, the American Hospital Association (AHA), along with three hospital systems, filed suit against the U.S....more

Judicial Solution May Force Faster Medicare Appeals

Last week, the American Hospital Association (AHA) and several hospitals were successful in convincing the U.S. Court of Appeals for the D.C. Circuit to overturn a 2014 lower court decision, possibly paving the way for a...more

Same Plaintiff Files New Complaint to Force SEC to Act on Rulemaking Petition Regarding Political Contributions

The United States District Court for the District of Columbia recently dismissed Stephen M. Silberstein’s complaint to mandate the SEC to adopt rules regarding disclosure of political contributions. Among other things, the...more

IP Newsflash - February 2016 #2

SUPREME COURT CASES - Post-Complaint Events or Transactions Cannot Cure Prudential Standing Defects - The U.S. Supreme Court denied Alps South’s writ to review the Federal Circuit’s decision that the company lacked...more

Texas Supreme Court Considers Whether Texas Uniform Trade Secrets Act Can Keep Corporate Representatives From the Courtroom

In December 2014, Schlumberger subsidiary M-I LLC (d/b/a M-I SWACO) filed a writ of mandamus with the Texas Supreme Court over a trade secrets case decided in Harris County District Court. In its writ, M-I SWACO alleged that...more

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