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Patent Venue Questions Persist 18 Months After TC Heartland

By Matthew Bultman

Eighteen months after the U.S. Supreme Court limited where patent suits can be filed, courts continue to wrestle with questions about venue rules. Here is a look at recent decisions that have provided some guidance.
November 13, 2018
Fed. Circ. Won't Restore Allergan's Restasis Patent Claims

The Federal Circuit on Tuesday declined to restore invalidated patent claims for Allergan Inc.’s dry-eye drug Restasis, delivering a fresh boost to proposed generics of the blockbuster eye-drop medicine.
November 13, 2018
FX Says There's 'Nothing Cert-Worthy' About De Havilland Suit

FX Networks urged the U.S. Supreme Court on Tuesday to reject Olivia de Havilland's lawsuit over the way she was portrayed in the FX docudrama "Feud: Bette and Joan," saying there was "nothing cert-worthy about this case."
November 13, 2018
Fed. Circ. Affirms Ax Of Darts-Refereeing Patent Under Alice

The Federal Circuit on Tuesday ruled a patent covering a refereeing system for darts games was invalid under the U.S. Supreme Court’s Alice test, solidifying Arachnid 360 LLC’s victory in a patent suit brought by a rival electronic dartboard maker.
November 13, 2018
Womble Bond Adds Ex-Knobbe Martens Tech Patent Pro

Womble Bond Dickinson LLP has hired a former Knobbe Martens intellectual property litigator with 26 years' experience representing high-technology clients to head Womble’s Patent Trial and Appeal Board trials practice in California.
November 13, 2018
Fed. Circ. Won't Revive Xactware Patent Challenges

The Federal Circuit on Tuesday refused to revive Xactware Solutions Inc.’s challenges to two patents related to aerial rooftop measurement software, rejecting the company’s bid to nix two Pictometry International Corp. patents that it had been accused of infringing.
November 13, 2018
Justices Won't Hear Chinese Co.'s $102M Piracy Award Case

The U.S. Supreme Court on Tuesday declined to review whether the Fifth Circuit erred by affirming a lower court's awarding of a $102 million judgment to Swiss-based Nagravision SA after China-based Gotech allegedly sold set-top boxes that circumvented piracy protections.
November 13, 2018
Inventor Asks Fed. Circ. To Rehear USPTO Rule Challenge

Inventor Gilbert Hyatt has asked the Federal Circuit to reconsider its September decision upholding the U.S. Patent and Trademark Office's ability to reopen patent prosecution rather than hear an appeal, saying the ruling is at odds with long-standing precedent.
November 13, 2018
Fed. Circ. Upholds Win For Netflix In Online Viewing IP Row

The Federal Circuit on Tuesday upheld wins for Netflix, Amazon and Hulu in a suit brought by a Florida company accusing the tech companies of infringing a patent for a system of viewing online content.
November 13, 2018
In Break From Past, PTAB Denies 'Same-Party' Joinder

Breaking with previous decisions, the Patent Trial and Appeal Board has denied a company’s bid to join new issues to a challenge it filed against an Oren Technologies LLC patent, saying the America Invents Act does not allow a petitioner to raise additional issues to be joined in an inter partes review it already filed.
November 13, 2018
Google Asks Full Fed. Circ. To Review Denied Venue Change

Google LLC asked the full Federal Circuit on Tuesday to reconsider a decision it issued two weeks ago that allowed a patent lawsuit against it to remain in the Eastern District of Texas, arguing the ruling is based on a flawed understanding of what constitutes a "place of business."
November 13, 2018
'Narcos' Production Co. Seeks Toss Of Copyright Suit

A Colombian production company argued Monday that a Florida federal court lacks authority over it in a lawsuit alleging that it, Netflix and the other producers of the popular series "Narcos" infringed copyrights covering a former journalist's best-selling memoir that detailed her romantic relationship with drug kingpin Pablo Escobar.
November 13, 2018
As Amazon Goes Elsewhere, Pittsburgh To Release HQ2 Bid

Now that Amazon has announced it will split its second headquarters between New York and northern Virginia, Pittsburgh and Allegheny County are dropping their effort to keep their bid for the giant project secret and will release at least part of it to the public soon, Mayor Bill Peduto said Tuesday.
November 13, 2018
3 Things You Need To Know About The SUCCESS Act

President Donald Trump recently signed legislation that extends the ability of the U.S. Patent and Trademark Office to set patent and trademark fees and requires a report looking at patents issued to women and minorities. Here are three things you need to know about the SUCCESS Act.
November 9, 2018
9th Circ. Ends Oft-Heated Trade Secrets Suit Against Ex-CEO

A Ninth Circuit panel on Friday affirmed a district judge’s decision to toss an artificial intelligence startup’s contentiously fought trade secrets case against its former CEO that escalated to an attorney spilling — or perhaps throwing — an iced coffee, saying the judge didn’t abuse his discretion.
November 9, 2018
Fed. Circ. Says Inventors Can Challenge IP They've Created

Inventors who reassign their rights in a patent may still subsequently challenge the validity of the intellectual property’s claims in reviews before the Patent Trial and Appeal Board, the Federal Circuit held Friday in a case involving a Cisco patent covering Ethernet switch products.
November 9, 2018
Fed. Circ. Hands GE Another Win Over Jet Engine Patents

The Federal Circuit on Friday affirmed Patent Trial and Appeal Board decisions that invalidated claims in three United Technologies Corp. patents covering aircraft engines, handing another win to General Electric Co. in the rivals’ patent fight.
November 9, 2018
Fed. Circ. Tells PTAB To Look At NuVasive Patent Again

The Federal Circuit on Friday tossed a Patent Trial and Appeal Board decision invalidating a NuVasive patent covering a procedure for spinal surgery as obvious, finding that the board had interpreted a term too broadly and sending the case back for reconsideration.
November 9, 2018
What To Expect As PTAB Swaps Claim Construction Standard

After six years and thousands of patent reviews, the Patent Trial and Appeal Board is ditching its claim construction standard in favor of the more narrow standard used in district court. Here, Law360 takes a look at how we got here and what to expect moving forward.
November 9, 2018
Attys Accused Of Scamming Artist Out Of Life Story Rights

A New Jersey janitor turned successful artist has sued two partners of a north New Jersey law firm, claiming they manipulated him into signing over the rights to his life story to them for $10 after a Hollywood movie producer indicated he was interested in adapting it.
November 9, 2018
Weinstein Successor Reaches $3M Deal On ‘Yellowstone’

The successor to The Weinstein Co. LLC has reached a $3.1 million deal with Wind River Productions LLC to pay off unpaid invoices in the company’s Chapter 11 proceedings, with Wind River giving up the rights to the “Yellowstone” television series in the exchange.

Editor's Picks

What You Need To Know About IP Litigation Around The Globe

The challenges of U.S. patent litigation, combined with increasing levels of comfort with courts in Europe and Asia, are driving companies in high-stakes disputes to increasingly look beyond the U.S. and adopt global enforcement strategies. But it can be daunting to sift through the intricacies of patent litigation around the world. Here, we break down what you need to know about some of the world’s hottest patent venues.
The Big Picture: One Year After TC Heartland

One year ago the U.S. Supreme Court issued a blockbuster ruling on where patent lawsuits can be filed. It was expected to shake up patent litigation in a big way. But did that happen? Here, Law360 takes a look at the impact the case had on the patent landscape.
The Big Picture: PTAB At The High Court

The U.S. Supreme Court recently issued two big patent rulings — upholding a system for challenging patents as constitutional, but finding the Patent Trial and Appeal Board must decide the validity of every challenged claim when it agrees to institute those American Invents Act reviews. Here, Law360 looks at how we got here, what the court ruled, and how these decisions will impact practicing before the PTAB.

Expert Analysis

It’s Time For Law Firms To Start Talking About Gen Z

Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.
Employee Nonsolicitation Terms Now Likely Void In California

In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.
The New Reality Of Patent Trials Post-Halo

Jury verdicts following the U.S. Supreme Court’s 2016 Halo decision suggest that previous patent litigation strategies are no longer working for trial-bound cases, say attorneys with Baker Botts LLP.
New Claim Construction Standard Arrives At PTAB

On Tuesday, the Patent Trial and Appeal Board's claim construction standard for America Invents Act post-grant proceedings changes from "broadest reasonable interpretation" to “ordinary and customary meaning.” Attorneys with Faegre Baker Daniels LLP examine this quickly adopted rule and the U.S. Patent and Trademark Office's response to comments.
Q&A

Back To School: Yale's Linda Greenhouse Talks Journalism

In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.
Opinion

Celebrate Veterans By Improving Their Access To Justice

Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.
Patent And Copyright Changes In The New NAFTA

The modernized trade agreement between the U.S., Mexico and Canada includes provisions that should improve intellectual property transparency between the member countries and bring a certain degree of procedural uniformity, say attorneys with Snell & Wilmer LLP.
Canada Considering Patent Prosecution History Estoppel

Currently Canadian courts do not look at patent prosecution history when construing claims. But a proposed bill being debated in the Parliament would closely align claim construction in Canada with practices in the U.S., say attorneys with BCF LLP.
Opinion

Time To Reclaim Wellness For All Lawyers

The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.
A Look At Tax Code Section 199's Last Stand

The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

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