Patent Litigation

U.S. Patent Office statistics show that the PTAB has found at least one claim of a challenged patent to be unpatentable in over 80% of IPRs. Given these odds, and the fact that institution of an IPR is not appealable, a patent owner's best shot at preserving its patent rights intact is to defeat institution of the IPR trial in the first instance.

Federal Circuit Throws Out District Court's Test for “Place of Business” for Purposes of Determining Venue in Patent Cases

Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation

With the Supreme Court's decision in Alice, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.

Fed. Cir. Vacates Lack of Written Description Ruling In Interference
Federal Circuit Vacates Unclear Application of “Causal Nexus” Requirement to Prove Irreparable Harm

The Supreme Court sparked a seismic shift in patent litigation recently when it upset the long-standing interpretation of 28 U.S.C. §1400(b), the special patent venue statute. TC Heartland held that for the purposes of patent venue, the meaning of "resides" in Section 1400(b) is not supplemented by the broad definition of "resides" in the general venue provision, 28 U.S.C. §1391.

Patent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.

Supreme Court Turns Back Clock

Although TC Heartland v. Kraft Foods answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.

A Texas company has accused Snap Inc. of infringing four patents with systems that allow Snapchat users to scan "Snapcodes" and add friends on the popular social networking app.