The U.S. District Court for the Western District of Texas (“WDTX”) has one of the largest geographic boundaries of district courts in the nation, with divisions located far west in El Paso, the border area of Del Rio, the bustling metropolis of Austin, the Big Bend area of Alpine, Waco, Midland-Odessa, Pecos, and ...

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NFTs: The Future of Managing Patent Assets?

What do William Shatner, Snoop Dogg, Mark Cuban, Tom Brady, and patent owners have in common? They are all now minting non-fungible tokens (“NFTs”), turning assets into a token that is represented on the blockchain. 

Patent holders are using NFTs to manage the ownership and licensing of their patents. Built into ...

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There Won’t Always Be a Stark in Delaware

After almost a decade as a U.S. District Judge, Chief Judge Leonard P. Stark of the District of Delaware is taking his talents to the swamp as the newest member of the Federal Circuit. On February 9, 2022, the Senate confirmed his nomination by a 61–35 vote. He received his judicial commission on March 16, 2022, and ...

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Significant Current Issues in Patent Litigation: What to Watch in 2022

Some of the most significant current issues in patent litigation have been percolating for years: patent eligibility, venue, and inter partes review proceedings. In this post, we consider guidance on patent eligibility; recent developments in where patent cases can be properly filed; and insight into ...

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How the Shift to a Permanent Remote Workforce Can Impact Venue for Patent Infringement Lawsuits

The COVID-19 pandemic changed the way employers and employees viewed remote work. What was once a rare perk enjoyed by few became an everyday necessity almost overnight. In 2020, most people engaged in some type of work from home arrangement that was not an option available to them before the pandemic. Although many ...

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What’s Really Going on with Fintiv at the Patent Trial and Appeal Board?

The now ten year-old law that created the Inter Partes Review (“IPR”) system gave the U.S. Patent and Trademark Office (“PTO”) the discretion to deny institution of an IPR when there was not a “reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the ...

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United States v. Arthrex: Power given to PTAB Patent Judges “Incompatible” with their Appointment

The much-awaited U.S. Supreme Court’s decision in United States v. Arthrex, Inc. issued on June 21, 2021 and held that PTAB judges’ power to issue final determinations for the executive branch in IPRs was “incompatible” with the mechanism used to appoint them. For those involved in pending IPRs and pending ...

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Anticipating President Biden’s Intellectual Property Policy in an Historical Context

Presidential administrations have affected intellectual property (IP) policy since the very beginning of United States history. In his first State of the Union address in 1790, President George Washington discussed patents. Since then, people have predicted how IP policy will evolve under each ...

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Just five years ago, on May 11, 2016, President Obama signed the Defend Trade Secrets Act (the “DTSA”).  This important legislation created a new, federal civil cause of action for trade secret misappropriation.  The DTSA came on the heels of the 2011 America Invents Act (the “AIA”)—the most significant ...

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To Stay or Not to Stay: the Impact of IPRs on Patent Litigation

Over the course of the past year, many trial attorneys in state and federal courts have seen cases effectively stayed by COVID-related delays. COVID hampered in-person discovery and caused courts to re-set jury trial dates. Such disruptions in the timelines of cases are not new to patent litigators, however. Even ...

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