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How Quickly are Judge Albright Patent Cases Going to Trial?

Since being appointed to the bench in 2018, Judge Alan Albright in Waco Texas has had one of the busiest patent dockets in the nation, rivaling that of Delaware and the Eastern District of Texas. He quickly gained a...more

Early 2023 Update: Where Are Plaintiffs Filing Patent Cases Now?

As patent litigators are well-aware, the Western District of Texas and the District of Delaware, the two most popular venues for patent litigation, each issued orders regulating litigation in their districts in 2022. So as of...more

Hello Again, Worlds: A Failed Gaming IPR Leads to § 101 Success

The tides have turned again in the litigation campaign against gaming companies by Worlds, Inc., who many may recognize as one of the named parties in often-cited Federal Circuit case law on real-parties in interest (“RPI”)....more

ITC Threat for Gaming Companies Grows with PTAB Discretionary Denials

While most patent disputes involving gaming companies are located in district courts, the ITC remains a viable option for at least some gaming disputes, where a patent owner can have the U.S. government bar importation of...more

Left Empty Handed: Valve Shut Down on Written Prior Art, Highlighting Importance of System Art

System art is of increasing importance in patent disputes despite being frequently overlooked or “left for later” in many cases. A recent decision in the Ironburg Inventions v. Valve Corp. case highlights the importance of...more

New PTAB Guide Creates Uncertainty as to Multiple Petition Situations

The USPTO published its second update to the PTAB Trial and Practice Guide last month. The section addressing procedures for addressing multiple challenges to a patent is a new and noteworthy addition....more

Caution to Game Companies: PTAB Continues to Preclude PTAB Challenges That It Views As Untimely

In a proceeding that included Patent Office Director Andrei Iancu on the panel, the PTAB issued an order this past week denying institution of 3 IPRs filed by Valve. The decision demonstrates that the PTAB continues to...more

Failure to Launch: Not Identifying the Proper Parties Can Prematurely End an Video Game IPR Challenge

Most video game patents that are asserted in litigation are also challenged at the PTAB through IPR or PGR petitions. Patent Owners looking for new ways attack such challenges have turned to the failure to disclose...more

Challenges in Filing Successful IPR Petitions for Video Game Patents

Video game patents being asserted in litigation are frequently challenged by defendants at the Patent Trial and Appeals Board by filing a petition requesting inter partes review (IPR), post-grant review (PGR), or (less...more

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