Written by: Alyssa R.M. Pugh On September 21, 2017, the Federal Circuit in In re Cray Inc. rejected Judge Gilstrap’s (E.D. Tex.) interpretation of the meaning of “where the defendant … has a regular and established place of business” for purposes of venue in patent infringement actions under 28 U.S.C. § 1400(b). On a petition [...]

Written by: John W. McGlynn, Alyssa R.M. Pugh Declaring that “[s]peech may not be banned on the ground that it expresses ideas that offend,” the U.S. Supreme Court in Matal v. Tam (No. 15-1293) held that Section 2(a) of the Lanham Act (15 U.S.C. § 1052(a)) is facially unconstitutional for violating the Free Speech Clause [...]

Written by: James Matthew Gould In a closely watched case in the biopharma space (Sandoz Inc. v. Amgen, Inc., No. 15–1039, June 12, 2017), the Supreme Court issued its first ever decision on how to interpret the biosimilar patent dispute provisions of the Biologics Price Competition and Innovation Act (BPCIA).

Written by:  Christopher A. Rothe The U.S. Supreme Court issued a significant decision today that largely answers the question of how much control a patent owner can wield over a patented product after it has been sold, holding that a patent owner’s decision to sell a product exhausts all of its patent rights in that [...]

Written by: Christopher H. Blaszkowski In a long awaited decision having the potential to impact where patent suits are litigated, the Supreme Court issued its opinion in TC Heartland LLC v. Kraft Foods Group Brands LLC today. TC Heartland confirms that, for the purposes of the venue statute for patent infringement actions—28 U.S.C. § 1400(b)—“resides” [...]

Written By: Andrew J. Koopman & Alyssa M. Pugh On remand from the Supreme Court, the three judge panel in Akamai Technologies, Inc. v. Limelight Networks, Inc. affirmed the district court’s holding that Limelight Networks, Inc. (“Limelight”) did not directly infringe the patent of Akamai Technologies, Inc. (“Akamai”). In doing so, the Federal Circuit answered [...]

Written By: Andrew J. Koopman The Delaware District Court has announced a change to deadline times for the electronic filing and service of documents for cases within the District.  Effective October 16, 2014, electronic filings and service must be completed by 6:00 pm on the deadline day in order to be considered timely.  This change applies [...]