To stay or to go (from the docket)? For decades, federal courts of appeal have disagreed on a fundamental procedural question: when a dispute filed in federal district court is subject to arbitration, should the court dismiss...more
Online retailers routinely include arbitration clauses in the terms of service for their website, seeking to send any consumer claims to arbitration and to eliminate a consumer’s right to file a class action lawsuit....more
Speed and efficiency have long been Amazon’s hallmarks, and its dispute resolution system for patent infringement claims is no exception. Amazon’s Utility Patent Neutral Evaluation (“UPNE”) proceeding is quickly emerging as...more
In what appears to be an effort to standardize and professionalize its mediation practices and procedures, China recently enacted new rules governing the mediation of intellectual property disputes. Issued by the Mediation...more
The Federal Circuit recently held that an arbitrator, not a federal district court, should decide whether a dispute arising from a technology license is subject to mandatory arbitration. See ROHM Semiconductor USA, LLC v....more
Holders of IP rights, including patents, copyrights, trademarks, and trade secrets, have traditionally filed IP-related disputes in court, and there’s no question that court litigation will continue to be the most popular...more
On April 5, 2021, the United States Supreme Court handed down a decision that could have profound implications in the software industry. It held 6-2 that Google’s copying of 11,500 lines of code from Oracle’s Java SE API in...more
4/7/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Google ,
Intellectual Property Protection ,
Java ,
Oracle ,
Oracle v Google ,
Software Developers ,
The Copyright Act ,
Transformative Use
Last week, the Federal Circuit invoked the Kessler doctrine in ruling that a district court’s dismissal of the plaintiff’s patent infringement suit against Amazon barred the plaintiff’s subsequent lawsuits against Amazon and...more
6/24/2020
/ Amazon ,
Appeals ,
Claim Construction ,
Claim Preclusion ,
Dismissal With Prejudice ,
Issue Preclusion ,
Kessler Doctrine ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular
The COVID-19 pandemic has caused individuals and companies alike to face the reality of a rapid economic downturn followed by a potentially slow recovery and continued economic challenges. During these trying times, companies...more
6/3/2020
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Coronavirus/COVID-19 ,
Dispute Resolution ,
Intellectual Property Litigation ,
International Arbitration ,
IP License ,
Patent Litigation ,
Patents ,
Scope of Discovery Requests
Earlier this week, the United States Patent and Trademark Office (“USPTO”) published a new rule governing when privilege exists for communications between clients and their domestic or foreign patent attorneys and patent...more
The U.S. Supreme Court announced its ruling in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017, a patent infringement case that has garnered national attention for its implications on venue....more
5/26/2017
/ Forum Shopping ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Personal Jurisdiction ,
Principal Place of Business ,
SCOTUS ,
State of Incorporation ,
State of Residency ,
TC Heartland LLC v Kraft Foods ,
Venue
On Monday, March 27, 2017, the U.S. Supreme Court heard oral argument in TC Heartland v. Kraft Foods Group Brands LLC, a case that could have a profound impact on where patent infringement cases may be litigated....more
The plot just thickened in the long-running debate over where patent cases should be litigated.
Yesterday the U.S. Supreme Court agreed to review the Federal Circuit’s decision in TC Heartland LLC v. Kraft Foods, in...more
Several recent court decisions have shed light on the patent agent privilege, and now the U.S. Patent and Trademark Office (USPTO) is seeking to weigh-in on the issue....more
The Federal Circuit recently denied en banc review of its prior decision dismissing a patent infringement suit where a co-owner of the patent-in-suit refused to join the case voluntarily and the court held that it could not...more