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Boulware & Valoir

It is understandable why the improper venue pleading was missing in so many cases: No one knew or even suspected until very recently that the venue rules had been changed by Congress in , effective for all cases filed after January The other group of defendants may have been insightful, but more likely were just following a form-book shotgun answer, and so they did plead improper venue in their answers. Answering this way is usually enough to preserve this defense, but not always. It has been held that taking discovery does not trigger a waiver, nor does proceeding to trial.

It is thought that the corporate defendant who has pleaded the defense unsuccessfully has been forced to remain in the improper forum, so these litigation activities are not held against it. However, some courts have held that moving for summary judgment unsuccessfully of course is a different matter and does cause a waiver.

So some in the second group may find they too have waived. This leaves about non-waived cases. The case law on improper venue cases shows a distinct judicial preference for transfers rather than dismissals. To what districts will these non-waived defendants be transferred? Whatever districts are chosen, we should bear in mind that some of the NPE plaintiffs may not wish to follow, due to the expense involved, so those cases may effectively end.

For more serious plaintiffs, we do not know where the cases will go. It depends on subjective factors applicable to each case, but here are some possible options: 1 Choose a district that one or both parties ask for. In that year the number of patent cases filed in the Eastern District of Texas was: We shall soon see. The sales market for patent rights continues to vex analysts — especially in terms of valuation.

We analyzed the data based on ownership and source to test our intuitions about how successfully purchased patents can be litigated. The results, especially, when analyzed based on the entity type produced both confirmatory and surprising results. For example, the intuition that companies generally do better with their own patents was confirmed. In contrast, surprisingly, inventor-started companies fared better with purchased patents. Purchasers can use the results of this analysis to inform future modeling and purchase decisions. Mark A.

The percentage of such rejections then continued to gradually increase every year until last year. Mayo has significantly increased patent eligibility rejection rates at the patent office for at least one class of patents. Ariosa case whose petition for writ of certiorari is pending before the United States Supreme Court. In , two opposing groups of legal and economic scholars sent open letters to Congress. CLS Bank International. The pair writes:. Unsurprisingly, we found that business methods patents were particularly vulnerable to rejection.

However, the diversity of USPTO classifications in the withdrawn allowance data set indicates the range of subject matter that is suspect under Alice. In our newest Patently-O Patent Law Journal article, former Commissioner of Patents Robert Stoll considers and rejects the call for legislative reforms that would weaken the estoppel associated with post-grant review filings.


In the abstract, Stoll argues:. Critics of this [estoppel] provision seek to strike reasonably-could-have-raised estoppel as applied to subsequent civil litigation. Post-grant review estoppel, as originally enacted, should be maintained for these and other reasons discussed in this Article. This provision replaces Sections a and b and, beginning in March will serve as the fundamental definition of prior art in the US patent system. Morgan makes the counterintuitive case that the catchall phrase actually serve the purpose of limiting limit the scope of prior art under the statute. Download Morgan.

Legislation sometimes is enacted that obviously requires either immediate revision or creative administrative and judicial interpretation. Whether or not the move from a first-to-invent to a first-inventor-to-file system is viewed as good policy and as authorized by the Constitution, the particular changes made to the prior art provisions may not prevent or invalidate patents on inventions derived from others, i.

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Absent creative interpretations by the U. Further, the new act adds a narrow and poorly understood category of prior art that may generate years of needless litigation to re-settle the currently well-understood boundaries of the public domain. I discuss these problems in detail below.

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Joshua D. University of Denver law professor Bernard Chao argues here that courts should do more to ensure open access to patent litigation documents. The Court of Appeals for the Federal Circuit already requires the parallel submission of non-confidential versions of any briefs filed under seal. Professor Chao argues that same approach could work in the district courts and would go a long way in solving the current problem of overly-sealed records.

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Cite as Benjamin Levi and Rodney R. Eon Labs, Inc. King Pharmaceuticals is most notable for its extension of the printed matter doctrine from objects claims that recite written texts as limitations to method claims that recite speech acts as limitations. This Essay proceeds in three parts. Part I summarizes the King Pharmaceuticals opinion. Assuming that King Pharmaceuticals was correctly decided, Part III addresses the necessary next step in the continuing refinement of the printed matter doctrine. The Federal Circuit must explain why claims like the claim at issue in Prometheus Laboratories v.

Mayo Collaborative Services are novel. Robert Matthews discusses the law controlling false-marking suits when multiple plaintiffs sue for the same act of false marking. Matthews extrapolates the case-law to make two primary points: 1 a false-marking defendant cannot be subjected to multiple penalties for the same act of patent false marking; and 2 based on the first-to-file tradition, federal comity, and standing principles, the second-filed suit should be dismissed.

Cite as Robert A. Matthews, Jr. In a article, Professor Osenga proposed a multi-tiered approach to patent examination. The ITC now conducts more full patent adjudications on an annual basis than any district court in the nation. Given the importance of international trade to high technology markets, the ability to exclude goods at the border provides a valuable strategic option for patent owners.

From the Introduction: Alice Corp. ImplementingApportionment Jeremy C. AnyNeed Colleen V. Paul M. Venue Mark A. PersonalizedMedicine James E. The Advantages of Experimentation Trying out applicant-initiated deferral through a rigorous pilot has several advantages. Ieva Giedrimaite - Sunday, June 30, Older Posts Home. Subscribe to: Posts Atom. How many page-views has the IPKat received? Not just any old IPKat Follow the IPKat on Facebook. The Kat that tweets!

Patent Law Reporter July 2013.

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