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Patent Litigation Transfers

Axinn, Veltrop & Harkrider LLP

The Sneaky-Powerful Defense That Came Up Short - This Time

A great thing about patent litigation is the vast array of legal doctrines, arguments, and defenses that can come up in any given case. One example is the sneaky-powerful (precise legal term!) defense that a purported patent...more

Morrison & Foerster LLP

Fifth Circuit Weighs In on Transfer Factors In High-Tech IP Case

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

McDermott Will & Emery

Employee Agreement of What “Shall Be” is Future Promise, Not Present Assignment

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit concluded that university bylaws did not automatically effectuate a present automatic assignment of patent rights and affirmed the district court’s denial of a motion to dismiss...more

McDermott Will & Emery

First-to-File Rule Requires That Action Could Have Been Brought in Transferee Forum

McDermott Will & Emery on

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

McDermott Will & Emery

Balancing Venue, Transfer Factors at the Federal Circuit - In re Altair Engineering, Inc.; In re Groupon, Inc.

In re Altair Engineering, Inc.; In re Groupon, Inc. - The U.S. Court of Appeals for the Federal Circuit denied two writs of mandamus filed by defendants requesting the Federal Circuit to direct district courts to...more

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