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
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
In an October 3 decision, U.S. District Judge Thomas S. Ellis III granted a motion to transfer venue of a patent case brought in the EDVA to California under 28 U.S.C. § 1404(a). Monarch Networking Solutions LLC .v Juniper...more
10/10/2023
/ Affidavits ,
California ,
Evidence ,
Motion To Strike ,
Motion to Transfer ,
Out-of-State Companies ,
Patent Litigation ,
Patents ,
Petitioner Reply Briefs ,
Preliminary Injunctions ,
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
More than 16 months ago, the two ranking members of the Senate Judiciary Committee asked Chief Justice John Roberts to direct the Judicial Conference of the United States to study forum shopping in patent litigation,...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
This article explores the effect of the pandemic on patent trials. Early in the COVID-19 pandemic, rapidly shifting conditions, state and federal guidance, and many unknowns forced federal district courts to adapt their...more