Orrick - IP Landscape

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The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669, United States
Phone: 415-773-5700
Fax: 415 773 5972
Areas of Practice
  • Intellectual Property
Locations
Other U.S. Locations
  • California
  • D.C.
  • New York
  • Oregon
  • Washington
  • West Virginia
Other Countries
  • China
  • France
  • Germany
  • Hong Kong
  • Italy
  • Japan
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Number of Attorneys
1,000+ Attorneys

Judge Gilstrap Issues Venue-Based Dismissal Based on Recent Federal Circuit Precedent

Decision Granting Dismissal of Complaint for Improper Venue, Uniloc USA, Inc. et al. v. Nutanix, Inc., Case No. 2:17-cv-00174, E.D. Tex. (December 6, 2017) (Judge Rodney Gilstrap) - On the heels of the Federal Circuit’s…more
 /  Civil Procedure, Intellectual Property

Federal Circuit Clarifies Burden For Proving Failure to Mark

Arctic Cat Inc. v. Bombardier Recreational Products, Inc. et al., Fed. Cir. (December 7, 2017) - On Friday, the Federal Circuit decided Arctic Cat Inc. v. Bombardier Recreational Products, Inc. and clarified the burden of…more
 /  Civil Procedure, Intellectual Property

Counterclaims And Affirmative Defenses: A Tale Of Two Pleadings

Order re Defendant’s Second Motion to Dismiss & Strike Affirmative Defense, Summers Manufacturing Co., Inc., v. Tri County AG, LLC, et al.: 4:17-cv-00186-RGE-CFB (November 29, 2017) (S.D. Iowa, Judge Rebecca Ebinger) - In…more
 /  Civil Procedure, Intellectual Property

PTAB “Clarifies” Procedures For Motions To Amend

On November 21, 2017, the PTAB released its “Guidance on Motions to Amend in view of Aqua Products.” This guidance states that a Patent Owner’s motion to amend now only has to meet the requirements of 35 U.S.C. §316(d), and of…more
 /  Administrative Law, Intellectual Property

Reading The Tea Leaves: Concurrences Likely Coming In Oil States And SAS

Oil States and SAS Institute appear likely to continue the Supreme Court’s practice of resolving patent cases with relatively brief unanimous (or largely unanimous) opinions that are accompanied by concurrence opinions…more
 /  Administrative Law, Civil Procedure, Intellectual Property

When Does A Work-at-Home Employee’s Residence Become The Employer’s Place Of Business For Patent Suits?

Memorandum Opinion and Order Granting Motion to Dismiss for Improper Venue, BillingNetwork Patent, Inc. v. Modernizing Medicine, Inc., N.D. Ill. (November 6, 2017) (Judge Ruben Castillo) - We previously reported here about…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

All-Or-Nothing Damages Strategy Leads To No Damages Despite Admission Of Patent Infringement

Promega Corp. v. Life Technologies Corp., Fed. Cir. (November 13, 2017) - The Federal Circuit affirmed a Wisconsin district court’s decision to overturn the $52 million award a jury awarded to Promega Corporation (“Promega”)…more
 /  Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Federal Circuit Rules That TC Heartland Is A Change Of Law Preventing A Waiver Of Venue, But Rules That A Forfeiture Of Venue May Still Exist

Granting Petition for Writ of Mandamus, In re: Micron Technology, Fed. Cir. (November 15, 2017) - In the wake of the Supreme Court’s decision in TC Heartland, courts had been struggling with the question of whether defendants…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Reversed! Failure To Assert Robust Nonobviousness Arguments During IPR Led To Reversal By The Federal Circuit

Owens Corning v. Fast Felt Corporation, Fed. Cir. (October 11, 2017) - During inter partes review proceedings, the Patent Trial and Appeal Board (“PTAB”) is required to give claims their broadest reasonable construction in…more
 /  Administrative Law, Intellectual Property

USPTO Fee Increases Impact IPR Filing Costs

Much like death and taxes, USPTO fee increases are a sure thing. On November 14, 2017, the USPTO issued a new final rule raising many of the fees charged by the Office. The Office also provided a chart that shows the changes…more
 /  Administrative Law, Intellectual Property

USPTO Issues New Regulation On Scope Of Attorney-Client Privilege In PTAB Proceedings

On Tuesday, November 7, 2017, the USPTO published its final rule clarifying the situations in which the Office will recognize the existence of the attorney-client privilege in proceedings before the PTAB…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Fleeing The Swarm

Order Adopting in Part Report and Recommendation, Granting in Part and Denying in Part Motion to Dismiss Counterclaims, Denying Motion for Default Judgment, and Denying Motion to Voluntarily Dismiss Claims, LHF Productions, Inc…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

But We Had A Deal: Consent Agreement Cannot Overcome Likelihood Of Confusion Finding

Order Affirming Refusal of Registration, In re 8-Brewing LLC, T.T.A.B. (October 30, 2017) - Trademark applicants know the familiar sinking feeling when their clearance search turns up a potentially conflicting mark already…more
 /  Administrative Law, Commercial Law & Contracts, Intellectual Property

New Flavors Of The Alice Analysis On Display In Federal Circuit Ineligibility Ruling

Two-Way Media Ltd v. Comcast Cable Communications, LLC et al., Fed. Cir. (November 1, 2017) - The Federal Circuit’s decision last week to invalidate all of the claims of two audio and video streaming patents as claiming no…more
 /  Civil Procedure, Communications & Media Law, Intellectual Property

Invalidation Of A Claim In A Closely-Related Patent Dooms Preliminary Injunction

In Sebela Int’l Ltd. v. Actavis Labs., FL, Inc., Civil Action Nos. 17-4789-CCC-MF & 17-4964-CCC-MF (D.N.J. Sep. 14, 2017), plaintiffs Sebela International Limited, Sebela Ireland Limited, and Sebela Pharmaceuticals Inc…more
 /  Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology
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