Posts in Litigation


5G RAN Developments: Landscape and Liability

Changes in the 5G radio access network (RAN) are likely to increase interest in monetizing patents essential to RAN equipment and operations (RAN SEPs). One of these …
By Craig Thompson
2 months ago 0

EPO Opposition Division Upholds NuCana Patent on Gilead’s Sovaldi, Highlighting Potential Flaws of CAFC Ruling in Gilead/Idenix

On April 7, 2021, the European Patent Office (EPO) Opposition Division (OD) issued a comprehensive written decision in the Opposition by Gilead Sciences, Inc. against NuCana plc’s European …
By Sherry Knowles
2 months ago 0

PTAB Masters 2021, Day One: How Iancu Tried to Repair a ‘Damaged Brand’

While steps taken under former U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu to restore equilibrium at the Patent Trial and Appeal Board (PTAB) have …
By Eileen McDermott
2 months ago 2

Patent Filings Roundup: Disney Displeasure Cruise; WSOU Investments’ Recordation Problems; and Chinese Company Targets Chinese Counterfeiters in U.S. Court

A slightly higher than average 38 petitions were filed at the U.S. Patent and Trademark Office (USPTO) last week, all inter partes reviews (IPRs), a number again …
By Jonathan Stroud
2 months ago 0

NYIPLA Amicus Brief in Ericsson v. Samsung Advocates the Adjudication of U.S. Patent Rights by U.S. Courts

On April 9, the New York Intellectual Property Law Association (NYIPLA) filed an amicus brief in Ericsson Inc. v. Samsung Electronics Co., Ltd., No. 2021-1565, urging a panel …

NetSoc Appeals to SCOTUS, Claiming Improper Analysis of Social Network Patent Nixed Under 101

On April 5, NetSoc LLC filed a petition for a Writ of Certiorari to the Supreme Court of the United States (SCOTUS) after losing its appeal in the …
By Matthew Schutte
2 months ago 11

Former Employee Does Not Have to Assign Inventions to Covidien, First Circuit Says

Last week, the U.S. Court of Appeals for the First Circuit affirmed a district court ruling denying a request for declaratory judgment by Covidien LP and …
By Butch Laker
2 months ago 1

The View from the Court’s 2 Live Crew: Examining the Thomas/Alito Dissent in Google v. Oracle

Most commentators agree that Google v. Oracle is the most important copyright decision of the last 25 years (since Campbell v. Acuff-Rose Music). But what if the Court …
By Darius Gambino
2 months ago 24

Drafting Lessons from a 101 Loss in the Eastern District of Texas

On March 30, Judge Sean D. Jordan of the United States Federal District Court for the Eastern District of Texas, issued a rather atypical Order, at least for …
By Gene Quinn
2 months ago 9

Satan Shoes: Trademark Blasphemy or Free Speech?

Though the parties have quickly settled their case, the question remains open: was Lil Nas X’s “Satan Shoe” an exercise of free speech or a trademark …

Tillis, Michel and Iancu Back Ericsson in Heated International FRAND Dispute with Samsung

In the latest phase of an international dispute between Samsung Electronics and Ericsson, Senator Thom Tillis (R-NC), Judge Paul Michel and former U.S. Patent and Trademark …
By Eileen McDermott
2 months ago 2

The Upshot of Google v. Oracle: An Absurd Ruling Will Lead to Absurd Results

For every action there is an equal and opposite reaction, or so states Newton’s third law of motion. It is safe to say that Newton never …
By Gene Quinn
2 months ago 184

CAFC Dismisses Apple’s Bid to Overturn PTAB Holding it Failed to Prove Qualcomm Patents Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday dismissed two appeals filed by Apple against Final Written Decisions of the Patent Trial and …
By Eileen McDermott
2 months ago 1

Patent Filings Roundup: Acacia Gets Another Fintiv Boost; More Vape IPRs Filed; Adenovirus PGR Challenge; IP Edge Files Dozens of New Complaints

District court complaints rose to 93 this week, while Patent Trial and Appeal Board (PTAB) cases fell to 28 (27 inter partes reviews [IPRs] and a post grant review [PGR]), …
By Jonathan Stroud
2 months ago 1

INTA Urges EUIPO Grand Board to Provide Guidance on Similarity Between Alcoholic and Non-Alcoholic Beverages

The International Trademark Association (INTA) submitted observations in a trademark case before the European Union Intellectual Property Office (EUIPO) Grand Board of Appeal on April 1. The case …
By James Nurton
2 months ago 0