Patent Litigation

    • Oil States Versus The Administrative State

      The Supreme Court has now heard from the petitioner in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. At issue is not only the fate of inter partes review of patents by the Patent Trial and Appeal Board, but possibly the ability of administrative agencies to review and retract their own erroneous decisions.

      David Swetnam Burland/ Brann & Isaacson- 13 readers -
  • Texas Welcomes TC Heartland

    … What does the Supreme Court opinion in TC Heartland mean for the business of patent litigation in Texas—particularly the Eastern District of Texas? On first read, TC Heartland seemed to herald the end of the kind of forum–shopping that enabled the Eastern District of Texas to land 40% of all newly filed patent cases. The courts have now begun…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • Supreme Court’s Federal Circuit Reversal Streak Continues

    … the Federal Circuit on the proper venue for patent litigation (TC Heartland v. Kraft Foods Group Brands); and Reversed the Federal Circuit on the question of when a competitor can market a “biosimilar” version of a complex drug. (Sandoz v. Amgen). These results only reinforce the perception that the Supreme Court views the Federal Circuit as a court…

    David Swetnam Burland/ Brann & Isaacson- 17 readers -
  • Big Week For IP In The Supreme Court

    … While the political world roils, the Supreme Court issued two major IP law decisions this week. In SCA Hygiene Products v. First Quality Baby Products, the Court, in an opinion by Justice Alito, held that the equitable doctrine of laches could not be asserted as a defense in patent cases. Laches is an old doctrine under which, in the absence…

    David Swetnam Burland/ Brann & Isaacson- 11 readers -
  • Patent News Grab–Bag

    … to the patent laws that would have the effect of reversing the Supreme Court’s holding in Alice v. CLS Bank, that abstract ideas cannot be patented. The proposal attempts to take the Alice question out of the hands of the courts. Although it is not clear where patent law and patent litigation stand among the priorities of the new Congress, we would hope…

    David Swetnam Burland/ Brann & Isaacson- 8 readers -
  • SCOTUS Patent Cases to Know for 2017

    … As we approach the end of 2016, it’s a good time to look ahead to the cases that may have a significant impact on patent law in the coming year. Here is a preview of some of the important patent decisions on the Supreme Court’s docket for 2017. Life Technologies Corp. v. Promega Corp. Over the last 15 years, the Federal Circuit has…

    DocketAlarm- 16 readers -
  • Supreme Court May Take Its Chance To End Forum Shopping

    … Before closing up shop for the holidays, the Supreme Court issued a short order which, among other things, granted the cert. petition filed in TC Heartland LLC v. Kraft Foods Group Brands, LLC. By taking this case, the Court has given hope to those of us concerned about forum shopping, and the over–concentration of patent litigation in a handful…

    David Swetnam Burland/ Brann & Isaacson- 13 readers -
  • SCOTUS Sides With Samsung

    … wars between Samsung and Apple that encompasses cases dating back to 2011. In addition to being part of a high profile litigation battle between two tech giants, this case is also noteworthy for being the first design patent case the Supreme Court has heard in over a century. You can view the entire Samsung v. Apple docket on Docket Alarm here: Samsung Electronics Co., Ltd., et al., Petitioners v. Apple Inc., 580 U.S. ___ (2016). …

    DocketAlarm- 7 readers -
  • FTC Issues Long–Awaited Patent Troll Study

    … noted that end–users were frequent targets of patent troll licensing and litigation activity, noting that retailers received 17% of demand letters, represented 10% of litigation defendants, and were 13% of the pool of licenses studied. While the report is worth reviewing in detail, here are the Commission’s high–level conclusions about how to combat…

    David Swetnam Burland/ Brann & Isaacson- 8 readers -
  • When You *Can* Say It Any Plainer Than That

    … One of the peculiar features of most patent litigation—and one reason it is so expensive—is the process of claim construction. The courts have decided that disputes over the language of patent claims must be decided by the trial judge because they are “questions of law” not “questions of fact.” And that has come to mean that in virtually every…

    David Swetnam Burland/ Brann & Isaacson- 9 readers -
  • Timing Is Everything: Alice in East Texas (Again)

    … of defending a patent lawsuit to judgment—then there is an easy step courts can take to minimize the costs of litigation and avoid the timing trap. Under the new federal rules governing discovery, in which discovery must be managed so as to be proportional to the value of the case, courts faced with motions posing the Alice question could stay all…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
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