On August 17, 2022, Chief Judge Colm F. Connolly of the District of Delaware issued an order in which he questioned the sufficiency of the plaintiff’s disclosure of financially interested parties in Longbeam Technologies LLC....more
8/25/2022
/ Disclosure Requirements ,
Federal Rules of Civil Procedure ,
Federal Trade Commission (FTC) ,
Fee-Shifting ,
IP License ,
Non-Practicing Entities ,
Patent Assertion Entities ,
Patents ,
Real Party in Interest ,
Shell Corporations ,
Standing Orders
In a lengthy decision, the Eleventh Circuit held in Compulife v. Newman, No. 18-12004 (11th Cir. May 20, 2020), that a database may contain trade secret information even though the database contents can be accessed through a...more
A defendant facing a newly filed lawsuit has options when deciding how to respond to the complaint. Some responses automatically excuse the defendant from answering the complaint temporarily (e.g., a motion to dismiss under...more
In an order issued May 14, 2018, the Court of Appeals for the Federal Circuit vacated a District Court order that denied a motion to dismiss for improper venue. The Court held that, in challenges to venue under 28 U.S.C. §...more
Generally, courts will not scrutinize the business decisions of litigants. Concerns arise, however, when such decisions are improperly made for the purposes of abusing the judicial process. One business decision that has...more
In a pending mandamus petition, the Federal Circuit signaled that it will address the issue of which party bears the burden of proof when venue is challenged in a patent infringement action. In re ZTE (USA), No. 2018-113...more
The Supreme Court recently upended what many practitioners considered to be the status quo on the issue of where venue lies in patent infringement actions. These cases have a special governing provision in 28 U.S.C. § 1400(b)...more
The Federal Circuit addressed the sufficiency of pleading infringement for the first time after the abrogation of Form 18 last year, in the decision Lyda v. CBS Corp., No. 2015-1923 (Fed. Cir. Sept. 30, 2016). The Court...more
On July 28, 2016, the Federal Circuit issued its opinion in Advanced Ground Information Systems v. Life360, Inc., affirming the district court’s decision that the asserted patent claims are indefinite. This opinion is notable...more
On December 1, 2015, changes recommended by the Judicial Conference Advisory Committee on the Federal Rules of Civil Procedure and adopted by the Supreme Court will take effect. Among these changes is elimination of the...more
11/5/2015
/ AIPLA ,
Direct Infringement ,
Discovery ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Form 18 ,
FRCP 12(e) ,
FRCP 8(a) ,
Intellectual Property Owner’s Association (IPO) ,
Notice Pleading Standards ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pleadings ,
Twombly/Iqbal Pleading Standard