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Federal Circuit Rules That Supreme Court Decision in TC Heartland Was a Change of Law

In good news for those awaiting decisions on pending motions to transfer, or those contemplating a challenge to a recent denial of their motion – especially in the ED Texas, ND California, CD California and Delaware – on...more

The Decision To Grant Rehearing En Banc In Apple v. Samsung

On October 7, 2016, the Federal Circuit issued another decision in the ongoing patent litigations between Apple and Samsung that began in the Northern District of California. The district court had found at summary judgment...more

Two Recent Decisions Put Alice "Step One" on Center Stage at The Federal Circuit

On May 12 and May 17, 2016, the Federal Circuit issued decisions in two § 101 cases, EnFish, LLC v. Microsoft Corp. and In re TLI Communications, LLC. Both authored by Judge Hughes, the decisions illustrate the difficult...more

Patent Venue Legislation Could Have A Dramatic Impact on Popular Patent Venues

This March, three United States Senators introduced the “Venue Equity and Non-Uniformity Elimination Act of 2016.” The bill would dramatically narrow the venue statute that applies to patent cases and, it appears, prevent...more

A Royalty By Any Other Name: Post-Expiration Payments After Kimble v. Marvel

Patent holders and accused infringers will need to continue being creative in drafting license agreements after the Supreme Court’s recent decision in Kimble v. Marvel, No. 13-720, 2015 U.S. Dist. LEXIS 4067, at *6 (June 22,...more

Increased Supreme Court Focus on Patent Jurisprudence

In 2013, the Supreme Court decided three patent cases. By June of 2014, it is expected that there will have been six more decisions in patent cases. This week alone, there have been oral arguments heard or decisions released...more

An Even Faster Track in E.D. Texas: Accelerated Damages Discovery in Patent Cases

On February 25, 2014, Chief U.S. District Judge Leonard Davis of the Eastern District of Texas unveiled an optional accelerated discovery schedule for cases involving claims of patent infringement. General Order 14-3...more

Are Patent Plaintiffs in for a Rocky 2014?

The start of a new year is a good time for reflection – an excuse to take stock of where we are, how we got here and where we’re going. So it seems appropriate to observe that 2013 was a big year for accused infringers in...more

The Joinder Provision of the AIA is Not a Substitute for Discretion

The Federal Circuit recently confirmed that district courts must still exercise discretion in deciding motions to sever where the heightened joinder requirements of the AIA are satisfied. In In re Nintendo, Co.¸ __...more

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