Mintz Levin - Global IP Matters

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Firm Profile: Mintz Levin
One Financial Center
Boston, MA 02111, United States
Phone: 617-348-1696
Fax: 617-542-2241
Areas of Practice
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • Israel
  • United Kingdom
Number of Attorneys
400+ Attorneys

Federal Circuit clarifies that patent venue is proper only in a single judicial district within a multi-district state

In our continuing coverage of the post-TC Heartland landscape, the Federal Circuit recently clarified that venue is proper in only one district per state in In re BigCommerce, Inc., 2018-122 (Fed. Cir. May 15, 2018) (slip op.)…more
 /  Civil Procedure, Commercial Law & Contracts, Intellectual Property

Willfulness Finding in EDTX Ruling in TCL v. Ericsson Illustrates the Risk to Accused Infringers of Failing to Investigate Allegations

In a May 10, 2018 ruling, discussed earlier on this blog, Magistrate Judge Payne affirmed the jury’s willfulness finding largely on the ground that TCL did not proffer any evidence that it held a subjective, good faith belief…more
 /  Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property

Upon Reconsideration, E.D.Tex. Judge Affirms Ericsson’s Previously-Vacated Jury Award Against TCL

On May 10, 2018, Magistrate Judge Payne reconsidered his previous March 2018 order which had vacated a jury award, and granted plaintiff Ericsson’s motion for reconsideration. The May ruling makes clear that the accused…more
 /  Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

Venue Cannot Be Bootstrapped to a Defendant that Only “Works Closely” with a Resident Corporate Relative Co-Defendant

Further to our ongoing coverage of post-TC Heartland patent litigation, in a recent case in the Western District of Wisconsin, the court granted defendants’ motion to transfer for improper venue. In doing so, it rejected the…more
 /  Civil Procedure, Intellectual Property

ITC Updates Its Rules of Practice and Procedure To Increase Speed and Efficiency

On Tuesday, May 8, 2018, the International Trade Commission (“ITC” or the “Commission”) published the final changes to its rules of practice and procedure. The Commission stated that the changes are intended to both modernize…more
 /  Administrative Law, Civil Procedure, Intellectual Property, International Law & Trade

Post-Grant Review Chickens Come Home to Roost: The Federal Circuit Clarifies the Effect of Reexamination on Equitable Estoppel and Laches

The Federal Circuit recently overturned a decision estopping the plaintiff from pursuing its infringement claims in the United States District Court for the Eastern District of Arkansas, and clarified the effect of reexamination…more
 /  Administrative Law, Civil Procedure, Intellectual Property

USPTO Proposes Claim Construction Rule Change from BRI to Philips in AIA Review Proceedings

The U.S. Patent and Trademark Office announced a propose change to the standard for construing both unexpired and amended patent claims in Patent Trial and Appeal Board (PTAB) proceedings under the America Invents Act (“AIA”)…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Chat with the Chief on SAS Institute

As we noted in our blog post last week, the USPTO held its “Chat with the Chief on SAS” webinar on April 30, 2018, to advise the public on the implications of the Supreme Court’s opinion in SAS Institute for practice before the…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Personalized Medicine Gets a Boost from Federal Circuit’s Vanda Pharma Decision – Part II: Enforcement

The Federal Circuit’s decision in Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. (2016-2707, 2016-2708 April 13, 2018) provided some good news on the subject matter eligibility front for innovators and other stakeholders in the…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Two Supreme Court Patent Opinions and a Memo from the PTO

On Tuesday, the U.S. Supreme Court issued two important patent law opinions that relate to the inter partes review procedure introduced by the America Invents Act: Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC,…more
 /  Administrative Law, Civil Procedure, Constitutional Law, Intellectual Property

International Trade Commission Clarifies the Intersection Between Litigation Funding Agreements and Standing

On April 18, 2018, the International Trade Commission (“Commission”) reversed an Administrative Law Judge’s (“ALJ”) finding that a litigation funding agreement destroyed standing for a complainant at the ITC. In Certain Audio…more
 /  Administrative Law, Constitutional Law, Intellectual Property, International Law & Trade

Federal Circuit Provides Guidance for Stereochemistry Claim Construction

On April 16, 2018 in a precedential opinion, the United States Court of Appeals for the Federal Circuit, Sumitomo Dainippon Pharma v. Emcure Pharms., Nos. 2017-1798, -1799, -1800, affirmed the United States District Court for…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

With Software Patents and Means-Plus-Function, “Structure” Takes On a New Meaning

Functional Claiming in Software Patents - Software patents are generally directed to a sequence of steps or rules, i.e., an algorithm, performed by a computer programmed to carry out the algorithm. Because algorithms are…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

What is blockchain and how will it affect me?

The term “blockchain” is everywhere, and it is likely that you will interact with blockchain technology every day in the years to come. Blockchain technology recently came to the public’s attention thanks to rising prices in…more
 /  Commercial Law & Contracts, Finance & Banking, Intellectual Property, Science, Computers, & Technology, Securities Law

USPTO Prepares to Celebrate the Issuance of the Ten Millionth U.S. Patent

The United States Patent and Trademark Office (USPTO) anticipates issuing the 10 millionth utility patent at some point during the summer 2018. According to the USPTO, “[t]his milestone of human ingenuity perhaps exceeds even…more
 /  Administrative Law, Intellectual Property
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