This week saw 63 new patent filings in district court, and the typical (these days) 71 terminations, with 34 Patent Trial and Appeal Board (PTAB) filings (one post grant review and 33 inter partes reviews). I expect terminations will drop for a bit, as parties do what they can to hold on to venue before Judge Alan Albright in the wake of the Western District’s recent reassignment memorandum directing new filings to be randomly distributed (i.e., be put “on the wheel”) throughout the Western District. In major dismissals, WSOU either settled with or was scared off by always-tough Microsoft in that long-running campaign; the dozen or so dismissals of WSOU’s typical 13 parallel filings make up a chunk of the terminations. The Board filings were dominated by tech-versus-long-running-NPE suits, with a few competitor-competitor challenges (e.g., Vivint v. ADT).
Litigation
- U.S. Government Sides with Teva in Skinny Label SCOTUS Fight
- What I’ll Be Watching for in the Amgen Oral Arguments
- A Dog’s Day in Court: Implications of the ‘Bad Spaniels’ Arguments on Parody Determinations and Noncommercial Use
- SCOTUS Skeptical that Bad Spaniels is Parody, But Questions Need to Overturn Rogers
- Justices Seek Abitron Parties’ Help in Articulating Bounds of Extraterritorial Application of Lanham Act
Recent Posts
- Other Barks & Bites for Friday, March 31: Japan Restricts Chip-Making Exports, Ocado Scores UK High Court Win in Robotic Warehousing Case, and Judge Rejects Fair Use Defense for Internet Archive
- U.S. Government Sides with Teva in Skinny Label SCOTUS Fight
- Industry, NGOs Spar Over Need to Extend TRIPS COVID IP Waiver at ITC Hearing
- Software-Related U.S. Patent Grants in 2022 Remained Steady While Chinese Software Patents Rose 8%
- The Truth Leaks Out: Justices Struggle with the Science, Sanofi Welcomes End to Functional Genus Claims in Amgen Oral Arguments