All Blog postsOn June 24, 2019, the United States Supreme Court agreed to review the question of whether 35 U.S.C. § 314(d) permits appeal of the Patent Trial and Appeal Board’s (PTAB) decision to institute an inter partes review (IPR) upon finding that 35 U.S.C. § 315(b)’s 1-year time bar to file an IPR does not apply.
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Supreme Court Agrees to Review Appealability of PTAB Time-Bar Rulings Posted on: June 28, 2019 In: Intellectual Property & Technology
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Claims with Precise Numerical Values - A Cautionary Tale Posted on: June 06, 2019 In: Intellectual Property & TechnologyOn March 31, 2019, the Federal Circuit Court of Appeals in Cobalt Boats, LLC v. Brunswick Corporation reversed a finding of infringement and vacated a $7.9 million award (inclusive of $2.5 million in attorneys’ fees) previously granted by the Eastern District of Virginia. Cobalt accused Brunswick of infringing their U.S. Patent No. 8,375,880 (the ‘880 patent) directed to a Retractable Step for Boat Swim Platform, issued February 19, 2013.
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Patent Litigation Trends in the Wake of TC Heartland Posted on: April 25, 2019 In: Intellectual Property & TechnologyIn May 2017, the Supreme Court issued TC Heartland v. Kraft Foods Group Brands, a decision that many expected would significantly limit forum shopping in patent cases. Prior to that case, patentees could file infringement lawsuits in any court with personal jurisdiction over the accused infringer, so most corporations were subject to suit in every district court.
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The Ongoing Evolution Of Patent Venue Posted on: March 21, 2019 In: Intellectual Property & TechnologyA refresher and update on the ongoing evolution of what constitutes proper venue in a patent case. For over 20 years, venue in a patent case was proper in essentially any court in the United States. That all changed in May 2017 when the Supreme Court held in TC Heartland LLC v. Kraft Food Grp. Brands, LLC that 28 U.S.C. §1400(b) is the sole and exclusive venue provision for patent infringement actions, and cannot be supplemented by the general venue statute at 28 U.S.C. §1391.
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USPTO Supports “Counterintuitive” Interpretation of AIA in Amicus Brief to Fed Circuit Court of Appeals Posted on: March 07, 2019 In: Intellectual Property & Technology
Oral Arguments Scheduled for Next Week - In a curious legal scenario, the USPTO recently filed an amicus brief at the request of the Federal Circuit Court of Appeals, supporting a “counterintuitive” reading of the American Invents Act (AIA). This stems from an interesting argument made by Johnson & Johnson subsidiary company Janssen Oncology, Inc. regarding estoppel under the AIA.
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PTAB Denies Post-Grant Review Request That Relied on Social Media Evidence Posted on: February 04, 2019 In: Intellectual Property & TechnologyThe Patent Trial and Appeal Board (PTAB) recently denied a request for a post-grant review of a design patent that relied on evidence from social media, casting doubt on the ability to use such evidence when attempting to invalidate patents.
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Supreme Court Rules that AIA Did Not Alter the On-Sale Doctrine Posted on: January 24, 2019 In: Intellectual Property & TechnologyThe U.S. Supreme Court recently ruled that the phrase “or otherwise available to the public” added to 35 U.S.C. § 102 in the America Invents Act in 2011 did not change the “on-sale” doctrine, which provides that patent protection cannot be granted for an invention that was on-sale more than one year before the effective filing date of the patent.
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Federal Circuit Warns Patent Holders to Reconsider Cease and Desist Letters Posted on: December 11, 2018 In: Intellectual Property & TechnologySending a cease and desist letter to a patent infringer should never be taken lightly. In particular, patent-related demand letters can have a profound impact on both substantive and procedural strategic decisions. In its recent decision in Jack Henry & Associated et al v. Plano Encryption Technologies, LLC, the Federal Circuit determined that the mere sending of a cease and desist letter could force the sender to litigate the issues outlined in the letter in the home court of the accused infringer.
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2018 in review – Inter Partes Review Developments, Part 2 of 2 Posted on: December 11, 2018 In: Intellectual Property & TechnologyFollowing the Oil States decision in which the Supreme Court invoked the public rights doctrine to protect the Patent Trial and Appeal Board’s (PTAB) authority to invalidate patents by inter partes review (IPR), the Federal Circuit used a similar line of reasoning to determine whether tribal sovereign immunity could bar this form of patent review.
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2018 in review – Inter Partes Review Developments, Part 1 of 2 Posted on: December 07, 2018 In: Intellectual Property & Technology
In one of the most heavily anticipated, and in some ways controversial, decision of the year, the Supreme Court ruled in Oil States Energy Services v. Green’s Energy Group to uphold the Patent Trial and Appeal Board’s (PTAB) authority to invalidate patents by inter partes review.
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Welcome to Lewis Brisbois’ IP & Technology Law Blog Posted on: December 05, 2018 In: Intellectual Property & TechnologyThe realm of Intellectual Property and Technology law can be tough to keep up with. The 10 millionth US patent was issued in June 2018. Valuable IP and strong branding are coveted business assets for both established and start-up companies, nationally and internationally. In recent years, the amount of IP and patent litigation has soared, and the rapid pace of technological development will only see these cases increase as companies seek to protect and defend their creative assets.
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