Monthly Archives: June 2019

Supreme Court Holds That IPRs Are Not Available To The Government

Posted on June 16, 2019 by Steven Callahan

On June 10, 2019, the Supreme Court issued its 6-3 decision in Return Mail, Inc. v. United States Postal Service (decision available here). The American Invents Act of 2011 created the Patent Trial and Appeal Board, and allowed three new … Continue reading →

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Federal Circuit Finds That States’ Patents Are Subject To IPRs, Rejecting Sovereign Immunity Defense

Posted on June 16, 2019 by Steven Callahan

On June 14, 2019, the Federal Circuit issued its decision in Regents of the University of Minnesota v. LSI Corp. (available here). The Federal Circuit found that “state sovereign immunity does not apply to” inter partes review proceedings, as the … Continue reading →

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Another Decision Holding That Section 285 Attorney’s Fees Are Not Available From A Party’s Counsel (And Also Finding That Folks Don’t Go To Jail For Failing To Pay Debts)

Posted on June 16, 2019 by Steven Callahan

The Eastern District of Texas’ Magistrate Judge Payne, on June 5, 2019, issued a decision in My Health, Inc. v. ALR Technologies, Inc. (available here), finding that 35 U.S.C. § 285 does not allow an award of attorney’s fees against … Continue reading →

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Federal Circuit to RPX: “In IPR, You Only Get One Shot”

Posted on June 16, 2019 by Steven Callahan

As Eminem once said, “You only get one shot, do not miss your chance to blow / This opportunity comes once in a lifetime.” On January 17, 2018, the Federal Circuit similarly told RPX in RPX Corp. v. Chanbond (available … Continue reading →

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Judge Posner Gets It Wrong On Patents: A Patent Doesn’t Give Anyone The Right To Practice The Invention

Posted on June 1, 2019 by Steven Callahan

I had lunch the other day with an attorney who said that, when he was in law school, ol’ Learned Hand was the judge whose cases you were most often likely to read. I remember only one of Hand’s cases, … Continue reading →

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Section 285 Of Patent Act Cannot Be Used To Obtain Attorney’s Fees From Opposing Counsel

Posted on June 1, 2019 by Steven Callahan

So holds the district court (C.D. Cal.) in Cap Export v. Zinus (available here). As I previously noted, courts have used Section 285 of the Patent Act—which provides that “[t]he court in exceptional cases may award reasonable attorney fees to … Continue reading →

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What Business Does the Seventh Circuit Have Opining On Patent Law?

Posted on June 1, 2019 by Steven Callahan

The other day, I came across the Seventh Circuit’s decision in ABS Global v. Genus PLC (available here) and nearly fell out of my chair. While I knew a non-Federal Circuit appellate court could have jurisdiction over a case involving … Continue reading →

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Another Spectacular Redaction Fail

Posted on June 1, 2019 by Steven Callahan

As reported previously (see, e.g., here, here, here, and here), Paul Manafort’s lawyers did a bad job redacting a pleading in his criminal case. The pleading is available here. Starting on page 5 are numerous redactions. If you highlight the … Continue reading →

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