Category Archives: Federal Circuit Court of Appeals

Much Ado About Nothing: Tribal Sovereign Immunity In Inter Partes Reviews

I predict that tribal sovereign immunity will have little, if any, effect on inter partes reviews (IPRs). But if I’m wrong (and I’ve *occasionally* been wrong before), tribal sovereign immunity will lead to the death of IPRs, absent Congressional action. … Continue reading

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In Re Cray—Another Blow To East Texas’ Patent Docket: Employees Working From Home Are Generally Not Enough To Confer Venue Upon A District In Patent Cases

On September 21, 2017, the Federal Circuit issued its decision in In re Cray Inc. (available here). As I noted in an earlier post, after the Supreme Court’s TC Heartland decision, the only proper venue for a patent-infringement case against … Continue reading

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Stuck in Dodge? Can You Challenge Venue In Patent Cases Under TC Heartland If You Previously Failed to Contest Venue?

As I previously noted, the Supreme Court’s recent TC Heartland decision dramatically curtailed where patent holders can sue defendants for infringement. Prior to TC Heartland, under the Federal Circuit’s decisions (dating back to 1990 in VE Holding), patent owners could … Continue reading

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The Party’s Over: The Death of Patent Cases In the Eastern District of Texas

Today, the Supreme Court released its much-anticipated decision in TC Heartland v. Kraft Foods (decision available here). The Supreme Court reversed decades of Federal Circuit case law that essentially allowed a patent-infringement defendant to be sued wherever it sold the … Continue reading

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Supreme Court Unanimously Reverses Federal Circuit’s $399 Million Decision in Samsung v. Apple

On December 6, 2016, the Supreme Court issued its (unanimous) opinion in Samsung v. Apple (decision available here). The opinion involved the proper amount of damages for infringement of a design patent. Under 35 U.S.C. § 289, a person who … Continue reading

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Dallas Court of Appeals Rules That Texas Does Not Recognize Patent Agent Privilege

On August 17, 2016, the Dallas Court of Appeals, in In re Silver, 05-16-00774-CV, 2016 WL 4386004 (Tex. App.—Dallas Aug. 17, 2016, no. pet. h.), found that the State of Texas does not recognize a patent-agent privilege, because “[n]o Texas … Continue reading

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Supreme Court Unanimously Rejects Federal Circuit’s Enhanced Damages Standard For Patent Infringement

On June 13, 2016, the Supreme Court issued its unanimous opinion in Halo Electronics v. Pulse Electronics (available here). Halo rejected the Federal Circuit’s Seagate test for enhanced damages. The Patent Act specifies that, in cases of infringement, “the court … Continue reading

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Federal Circuit Says Laches Defense Still Applicable To Patent Cases

On Friday, a fractured Federal Circuit issued its decision in SCA Hygiene v. First Quality Baby Products (available here). The Federal Circuit sat en banc and held that, notwithstanding the Supreme Court’s Petrella decision (which I discussed here), laches is … Continue reading

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Great Week for CCRG at Federal Circuit

I thought I’d write to congratulate my partner, Anthony Garza, for having a great week at the Federal Circuit. The Federal Circuit, on February 11 and 12, 2015, returned two decisions in favor of firm clients (United Access Technologies and … Continue reading

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Supreme Court Reverses Federal Circuit’s Inducement Ruling in Akamai

On June 2, 2014, the Supreme Court issued its unanimous opinion in Limelight Networks v. Akamai (available here). The Supreme Court held that a defendant cannot be held liable for inducing infringement of a patent under 35 U. S. C. … Continue reading

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