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. The question…

    David Swetnam Burland/ Brann & Isaacson- 16 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 2016 Term of the Supreme Court has not been kind to the Federal Circuit Court of Appeals, the specialized appellate court that handles all patent appeals. In each of the six patent cases from the Federal Circuit decided by the Supreme Court, reversal was the result. Specifically, the high court: Reversed the Federal Circuit on the proper…

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

    … dissented. Finally, on Monday, the Supreme Court will hear oral argument in TC Heartland v. Kraft Foods Group Brands, a case with the potential to shut the doors on patent forum–shopping. In its write–up of the case today, “High–Court Case to Challenge Jurisdiction ‘Shopping’ in Patent Suits, the Wall Street Journal quoted IP Wise’s Peter Brann on the potentially “dramatic effect” on patent troll litigation of a TC Heartland victory. The post Big Week For IP In The Supreme Court appeared first on Brann & Isaacson. …

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

    … Some news of note for this Valentine’s Day week: N.D. Cal. Orders Early Damages Disclosures: The U.S. District Court for the Northern District of California has amended its local patent rules to require the parties to (1) provide the court with a good–faith (non–binding) estimate of the damages range expected for the case at the initial case…

    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 -
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