Under the patent laws, the term of a patent may be increased for delays by the U.S. Patent and Trademark Office (USPTO) during the application process. See 35 U.S.C. § 154(b)(1). Conversely, the USPTO can reduce a patent term...more
For many product manufacturers, post-sale repair and maintenance of their products is a significant source of revenue, and manufacturers use various incentives to entice their customers to return to them for post-sale...more
A pending EDVA case shows how the failure to address intellectual property rights in an asset sale can mushroom into multinational litigation, including a dispute over trademark rights in the United States....more
7/2/2024
/ Corporate Sales Transactions ,
Intellectual Property Protection ,
Motion to Dismiss ,
Sale of Assets ,
Standing ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
In a lengthy and detailed opinion, EDVA Judge Hannah Lauck has dismissed a suit alleging infringement of seven patents relating to coordinating drivers to transport vehicles between locations, holding that the patents were...more
One issue a patent owner faces when attempting to enforce its patent is the notice given to a potential infringer. By sending a demand letter to a potential infringer, a patentee runs the risk of creating a basis for a...more
In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and...more
9/27/2023
/ Architects ,
Architectural Copyrights ,
Architecture ,
Construction Project ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Protection ,
Motion to Dismiss ,
Real Estate Development ,
The Copyright Act ,
Virginia
On September 18, in identical opinions issued in separate cases against Google and Apple, EDVA District Judge Michael Nachmanoff ruled that four patents directed toward geolocation of mobile devices claimed patent-ineligible...more
9/25/2023
/ Apple ,
CLS Bank v Alice Corp ,
Data Collection ,
Geolocation ,
Google ,
Intellectual Property Protection ,
Mobile Devices ,
Noninfringement ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Virginia
We recently about the seeking preliminary relief under the Rocket Docket’s procedures. A recent decision from Judge Alston in the Alexandria Division is a good example of the speed in which the court acts in the context of...more
From the mid-1990s until the mid-2010s, the EDVA typically ranked among the top 10 federal districts for patent litigation. See Gugliuzza, Paul R. and Anderson, Jonas, Why Do Judges Compete for (Patent) Cases? at 24-25...more
6/20/2023
/ Business Litigation ,
Forum Selection ,
Intellectual Property Protection ,
Jurisdiction ,
Motion to Transfer ,
Out-of-State Companies ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Transfer of Venue ,
Virginia
The Texas federal courts have long reigned as among the most popular venues for patent litigation. According to Lex Machina, about a third of all patent cases filed in the United States last year were filed in just two...more