Patent Litigation

  • Intellectual Ventures Prevails In Capital One Antitrust Suit

    … based upon a previous decision in a New York federal case, which found those same two patents to be ineligible under Section 101. The patent aspects of the action were appealed, and in 2017, the Federal Circuit affirmed. Capital One’s Antitrust Counterclaims Meanwhile, the district court allowed litigation to proceed over IV’s antitrust counterclaims…

    Michael E. Mccabe Jr./ IPethics & INsights- 21 readers -
  • 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

    … 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 -
  • Patent Trolls Still Can’t Find A Way Through Alice’s Looking Glass

    … of a system in which defendants can escape from a lawsuit only after incurring massive costs is self–evident. Although this effort looks to be a long–shot, we can expect further attempts by patent–asserters to flip Alice on her head as the impact of this game–changing case continues to be felt. The post Patent Trolls Still Can’t Find A Way Through Alice’s Looking Glass appeared first on Brann & Isaacson. …

    David Swetnam Burland/ Brann & Isaacson- 27 readers -
  • SCOTUS Patent Cases to Know for 2017

    … exported from the U.S. The Supreme Court will decide whether the supplying of that single commodity component from the US constitutes a “substantial portion of the components” of the kit, satisfying the statutory test under 35 U.S.C. 271(f)(1) and exposing Life Tech to liability for all worldwide sales. Oral arguments were held December 2, 2016…

    DocketAlarm- 18 readers -
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