Earlier this month, the Fifth Circuit granted a mandamus petition in In re Clarke, No. 24-50079, 2024 U.S. App. LEXIS 5099 (5th Cir. Mar. 1, 2024), effectively reversing a Texas court’s decision to transfer an Administrative...more
The Federal Circuit is charged with disposing of the mandamus petitions that regularly arise from decisions denying transfer under 28 U.S.C. § 1404(a) in Texas patent litigation. The Fifth Circuit, whose law the Federal...more
On remand from a decision allowing the US District Court for the District of Delaware to continue its probe into who was funding a patent owner’s infringement litigation, the district court denied the patent owner’s motion to...more
Precedential Federal Circuit Opinions - 1. GOOGLE LLC v. HAMMOND DEVELOPMENT INTERNATIONAL, INC. [OPINION] (21-2218, 12/8/2022) (Moore, Chen, and Stoll) - Moore, Chief J. Reversing in part and affirming in part...more
The US Court of Appeals for the Federal Circuit denied a patent owner’s mandamus petition, clearing the way for a district court to probe who is funding the patent owner’s infringement litigation. In re Nimitz Techs. LLC,...more
This post summarizes some of the significant developments related to patent litigation in federal district courts of Texas for the month of October 2021....more
Precedential Federal Circuit Opinions - In Re MAXPOWER SEMICONDUCTOR, INC. [ORDER] (2021-146, 9/8/21) (O’Malley, Reyna, Chen) - Reyna, J. Denying mandamus petition and dismissing appeal. The Court declined to...more
How many of the lawyers out there liked hypotheticals in law school? I did not, but this case prompted me to write one! So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns...more
The US Court of Appeals for the Federal Circuit issued a rare grant of two mandamus petitions directing the US District Court for the Western District of Texas to transfer the underlying patent infringement actions to the US...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
The US Court of Appeals for the Federal Circuit concluded that while it did not have jurisdiction to consider the direct appeal of a Patent Trial & Appeal Board decision denying institution, it could review the decision under...more
After issuing a rare grant of a mandamus petition directing a district court to stay proceedings until ruling on a pending motion to transfer, the US Court of Appeals for the Federal Circuit denied a subsequent mandamus...more
The US Court of Appeals for the Federal Circuit granted an accused infringer’s mandamus petition to transfer a case from the Western District of Texas to the Northern District of California, concluding that the district court...more
Precedential Federal Circuit Opinions: In Re NITRO FLUIDS L.L.C. [ORDER] (2020-0142, 10/28/28) (REYNA, WALLACH, and CHEN) - Reyna, J. The Court considered a petition for a writ of mandamus seeking transfer from the...more
In re: Nitro Fluids L.L.C., Appeal No. 2020-142 (Fed. Cir. Oct. 28, 2020) - In the Court’s only precedential patent opinion this week, the Federal Circuit granted a mandamus petition vacating the district court’s denial of...more
In what seems to be a pattern, the week before argument week was again light on output at the Federal Circuit. The Court issued just two opinions and two dispositive orders. Below we provide our usual weekly statistics and...more
The US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus requesting transfer of a patent infringement case, finding that the “first-to-file” rule did not warrant transfer because, even though...more
Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing - In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a...more
On February 5, 2019, in a per curiam order, the United States Court of Appeals for the Federal Circuit denied Google’s petition for rehearing en banc, and deferred for another day the question of whether the presence of...more
Federal Circuit Summaries - Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Dissenting opinion to denial of petition for rehearing written by Reyna and joined by Newman...more
On May 22, 2017, the Supreme Court fundamentally narrowed patent venue by unanimously holding in TC Heartland that patent holders must follow the patent venue statute, 28 U.S.C. § 1400(b), which requires suing (1) “where the...more
Federal Circuit Summaries - Before Reyna, Linn, and Hughes. On Petition for Writ of Mandamus to the Eastern District of Texas. Summary: Under Federal Circuit law, the plaintiff bears the burden of showing that venue is...more
Addressing jurisdictional issues under the America Invents Act (AIA), the US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus challenging a district court order compelling a petitioner to...more
The Federal Circuit, in In re: TC Heartland LLC (No. 2016-105), recently issued an opinion denying TC Heartland’s petition for a writ of mandamus to direct the U.S. District Court for the District of Delaware to either...more
Last week, a Federal Circuit panel rejected TC Heartland’s Petition for Mandamus to direct the United States District Court for the District of Delaware to either dismiss or transfer the patent infringement suit filed against...more