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Intellectual Property Litigation Patents Jurisdiction

Patterson Belknap Webb & Tyler LLP

All Shimmer and No Shine: Magistrate Judge Willis Recommends Granting Motion to Dismiss for Lack of Personal Jurisdiction and...

Recently, Magistrate Judge Jennifer E. Willis issued a Report and Recommendation recommending that defendant’s motion to dismiss pro se plaintiff Andrew Walker, Jr.’s (“Walker”) Second Amended Complaint be granted for lack of...more

McDermott Will & Emery

CJEU Recognizes Cross-Border Jurisdiction of National Courts, Long-Arm Jurisdiction of UPC

The Court of Justice of the European Union (CJEU) issued a decision significantly expanding the capabilities of both the Unified Patent Court (UPC) and the national courts in EU Member States to issue cross-border injunctions...more

American Conference Institute (ACI)

[Event] 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement - March 31st - April 1st, Washington, DC

Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more

Farella Braun + Martel LLP

EDTX's Resurgence as the Top Patent Hot Spot

Judge Mazzant’s case assignment order on March 3, 2025, brought the topic of the Eastern District of Texas (“EDTX”) being the busiest forum for patent cases back into the spotlight...more

Morgan Lewis

CJEU Expands Cross-Border Patent Infringement Jurisdiction in BSH Hausgeräte v. Electrolux

Morgan Lewis on

The Court of Justice of the European Union (CJEU) has delivered a landmark ruling in BSH Hausgeräte v. Electrolux that significantly expands the jurisdictional reach of EU courts in cross-border patent infringement cases. The...more

Hogan Lovells

CJEU expands possibilities for cross-border patent infringement injunctions

Hogan Lovells on

On 25 February, the Court of Justice of the European Union (CJEU) issued its much-anticipated decision in BSH Hausgeräte v. Electrolux (C-339/22) on cross-border competence in patent litigation. At the heart of the dispute is...more

Rothwell, Figg, Ernst & Manbeck, P.C.

PTAB’s Jurisdiction Over Expired Patents Confirmed by Federal Circuit

On January 27, 2025, the Federal Circuit held that the Patent Trial and Appeal Board (“PTAB”) “has jurisdiction over IPRs concerning expired patents.” See Apple Inc. v. Gesture Tech. Partners, LLC, 2025 WL 299939, *2 (Fed....more

A&O Shearman

Federal Circuit Holds That PTAB Has Jurisdiction To Review Expired Patents

A&O Shearman on

On, January 27, 2025, the United States Court of Appeals for the Federal Circuit affirmed-in-part and reversed-in-part a decision from the Patent Trial and Appeal Board (“PTAB”) on certain claims of Gesture Technology...more

Haug Partners LLP

Federal Circuit Addresses Two Key Requirements of On-Sale Bar of Pre-AIA Section 102(b)

Haug Partners LLP on

The Federal Circuit’s recent precedential decision in Crown Packaging Technology Inc. v. Belvac Production Machinery, Inc. is noteworthy because it discusses two key requirements of the on-sale bar prong of pre-AIA section...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc.

Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc., Appeal Nos. 2024-1965, -1966, -2082, -2083 (Fed. Cir. Jan. 29, 2025) Our Case of the Week is a 31-page decision that touches on a variety of issues, including...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms PTAB Jurisdiction Over Expired Patents in IPRs

On January 27, in Apple Inc. v. Gesture Technology Partners, LLC, the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) has jurisdiction to conduct inter partes reviews (IPRs) over patents that have expired....more

WilmerHale

The Rising Threat of German Patent Litigation: Are You Ready?

WilmerHale on

The threat of German patent litigation is rising. Germany is second only to the United States in the number of patent infringement actions brought by non-practicing entities (NPEs), and with the ready availability of...more

Fish & Richardson

Cybersecurity Litigation Strategies: Jurisdiction

Fish & Richardson on

This article is the second in our series on patent litigation strategies for cybersecurity companies. It expands on Tactic #1, “Challenge the court’s jurisdiction,” from our earlier article, “Five Tactics for Cybersecurity...more

McDermott Will & Emery

Getting to the Core of It: Assignment Clause Is Ambiguous

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated and remanded a district court’s grant of summary judgment, finding that the language used in an invention assignment clause was subject to more than one reasonable...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Ladas & Parry LLP

Cease and Desist Letters Need to Balance Effectiveness While Considering Consequences

Ladas & Parry LLP on

Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to...more

BakerHostetler

[Webinar] One Year of Patent Law in 60 Minutes - February 24th, 12:00 pm - 1:00 pm EST

BakerHostetler on

Give us an hour of your time and we will deliver a fun and free CLE with a fast-paced overview on the state of patent law. In their fourth annual webinar, BakerHostetler Partners Michael E. Anderson and Jason F. Hoffman will...more

BakerHostetler

[Webinar] Patent Law: 2019 Year End Review (and 2020 Preview) - February 26th, 12:00 pm ET

BakerHostetler on

This timely and fast-moving webinar provides insight for business leaders and legal counsel, highlighting many of the significant holdings by the Supreme Court and Federal Circuit in patent cases in 2019 and what issues are...more

Fenwick & West LLP

Clear Trends Visible in the Post-TC Heartland Patent Landscape

Fenwick & West LLP on

The patent landscape experienced a paradigm shift with the May 2017 United States Supreme Court decision in TC Heartland v. Kraft Foods Group Brands. In TC Heartland, venue in patent cases was narrowed to either (1) the...more

Hogan Lovells

China: New national-level Appeal Court – Cautious hopes for improved consistency and efficiency in high-tech IP / patent cases

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On 26 October 2018, the Standing Committee of China’s National People’s Congress (NPC) issued a Decision setting out the establishment of a new IP Court of Appeals at the national level within the Supreme People’s Court...more

Hogan Lovells

China professionalises its IP judiciary: 15 specialised IP Tribunals now open for business

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Since November 2014, when the first IP courts were set up in Beijing, Shanghai and Guangzhou, China has been rapidly setting up new specialised IP tribunals throughout its vast hinterland. ...more

Troutman Pepper

Analysis of Inter Partes Review and Post-Grant Review in the Life Sciences Industry Through First Quarter 2015

Troutman Pepper on

The recently established inter partes review (IPR) and post-grant review (PGR) of the America Invents Act have been in the spotlight lately, especially now that the life sciences industry has begun to utilize these...more

McDonnell Boehnen Hulbert & Berghoff LLP

Apotex Inc. v. Daiichi Sankyo, Inc. (Fed. Cir. 2015)

Can a Federal district court ever have subject-matter jurisdiction to hear a declaratory judgment action of non-infringement for a disclaimed patent? Of course, the Federal Circuit explained this week in the Apotex Inc. v....more

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