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Patterns of Vexatious Litigation Are a Relevant Consideration in Awarding Attorney's Fees in Patent Infringement Cases

ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC V. SHOPPERSCHOICE.COM, LLC Before PROST, DYK, and WALLACH. Appeal from the United States District Court for the Southern District of...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK adidas AG v. Nike, Inc., Appeal Nos. 2019-1787, -1788 (Fed. Cir. June 25, 2020) This week’s case of the week deals with issues relating to obviousness and...

No Specific Threat of Infringement Litigation Needed to Establish Standing for IPR Appeal

ADIDAS AG v. NIKE, INC. Before Moore, Taranto, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary:  A patent challenger can establish standing to appeal a...

Feed tagged as "ipr":
ESIP SERIES 2, LLC V. PUZHEN LIFE USA, LLC Before Reyna, Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s... Read More »
Running a profitable patent prosecution practice has become more challenging in recent years. The recession triggered by the current pandemic is going to make this... Read More »
GOLDEN v. U.S. Before O’Malley, Mayer, and Wallach.  Appeal from the United States Court of Federal Claims. Summary: (1) Patent infringement claims ... Read More »
CAFC Decision Moots Some POP Consideration in Hunting Titan Dispute Last November, the PTAB ordered Precedential Opinion Panel (POP) review of the final written... Read More »
Invalidity Counterclaims-In-Reply Will Not Trigger 35 U.S.C. § 315(a) Congress created IPR to provide a “quick and cost effective alternative[ ] to... Read More »
The Fed. Cir. panel decision in Samsung Elec. Amer., Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, 2019-1260 (Fed. Cir., Feb. 4, 2020) flew under my... Read More »
Earlier this year, we analyzed the 2019 patent activities in Patexia Insight 74. Among our observations, we noticed a sharp decline in the number of IPR petitions... Read More »
Written by: Eric Malmgren & Hans L. Mayer APPLE INC. v. ANDREA ELECTRONICS CORPORATION Before Dyk, Plager, and Stoll.  Appeal from the Patent Trial... Read More »
Happy New Year! This morning, we released our first ITC Intelligence Report, where we looked at more than 7,000 attorneys, 400 law firms and 1,600 companies, measured ... Read More »
Reasonably Could Have Raised & Reasonably Diligent Prior to last year’s SAS decision, district courts split over whether non-petitioned grounds were... Read More »
In Arthrex, Inc. v. Smith & Nephew, Inc., Appeal No. 2018-2140 (Fed. Cir., Oct. 31, 2019), a three Judge Fed. Cir. panel of Moore, Reyna and Chen took a deep dive ... Read More »
A few weeks ago, we released our 3rd Annual IPR Intelligence Report. Several companies asked us to further explain how to use the Excel file came with the report for... Read More »
Over the last few weeks, we have been covering some of the firms and law firms with the largest growth or decline in IPR activity over the last five years. We are... Read More »
During the last couple of weeks, we have been covering law firms that had the largest decline (Patexia Insight 66) or growth (Patexia Insight 67) in their IPR... Read More »
Precedential Opinions & Trial Guide? The Federal Circuit’s en banc opinion in In re Aqua Products was as massive as it was unfulfilling. This was due... Read More »
Last week we reviewed the firms with the largest decline in their IPR activity over the last five years (2014 to 2018), attempting to find a theory behind each drop... Read More »
The first Inter-Partes Review (IPR) was filed about seven years ago on September 16, 2012. A few firms were quick in leading the way and grabbing market share as IPR... Read More »
New Decisions Provide Guidance on Discretionary Denials The Patent Trial & Appeal Board (PTAB) has been steadily rolling out new precedent since establishing... Read More »
Predictably, the USPTO has proposed increasing fees for about every piece of “paper” they receive/require. While most of the increases are in the 5-10%... Read More »
Takings Challenge to IPR Fails Since the Supreme Court’s decision in Cuozzo Speed, there has been speculation that there may be an opportunity to attack AIA ... Read More »
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