Patent Litigation Law Blog 

In sharp contrast to the extreme fanfare that followed Chief Judge Orlando Garcia’s July 25, 2022, “Order Assigning the Business of the Court as it Relates to Patent Cases” randomly assigning all new patent cases filed in the Waco Division of the Western District of Texas, the patent bar has been relatively ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...