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
At the end of March in the Eastern District of Texas, Judge Jordan issued two motion to dismiss orders involving patent eligibility under 35 U.S.C. § 101. These cases are discussed in further detail below. Repifi Vendor...more
What is a utility patent? The definition of a utility patent is a patent that covers “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”...more
Design patents vs. utility patents vs. plant patents - You made a discovery and now you’d like to protect it. The U.S. Constitution, Article 1, Section 1, Clause 8 empowered Congress to pass laws “to promote the progress of...more
A recent case in the Eastern District of Texas touched on the distinction between claim representativeness for the purposes of infringement and representativeness for the purposes of subject-matter eligibility under 35 U.S.C....more
A Tale of Two ANDAs: Jurisdiction and Venue in a Non-Traditional Sense -
Judge Gilstrap’s recent opinion in Apicore US LLC v. Beloteca, Inc., No. 2:19-CV-00077-JRG, 2019 WL 1746079 (E.D. Tex. Apr. 18, 2019), highlights...more
Two recent cases in the Eastern District of Texas touched on the federal patent preemption defense. One case addressed preemption in the context of an assignment of patent ownership dispute, and the other case addressed...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