Knock it Off: E-Commerce Platforms Continue to Battle Counterfeiters
In the face of the nagging problem of fake products posing as genuine goods in online marketplaces, major e-commerce platforms are continuing to refine their strategies to address counterfeiting.
New Faces on the Minnesota Bench
Three new judges have recently joined the Minnesota federal bench, returning the District of Minnesota to full strength for the first time in more than two years.
Federal Circuit Holds that Tribal Sovereign Immunity Does Not Bar Inter Partes Review
The United States Court of Appeals for the Federal Circuit held today that a Native American tribe may not assert sovereign immunity to bar inter partes review proceedings before the Patent and Trademark Office’s Patent Trial and Appeal Board.
Supreme Court Upholds Constitutionality of Inter Partes Review - PTAB Must Decide Patentability of All Challenged Claims
The Supreme Court of the United States issued a pair of significant decisions today regarding post-grant practice before the PTO’s Patent Trial and Appeal Board.
Section 365(n) of the Code: The Intersection of Bankruptcy and Intellectual Property
Are trademarks “intellectual property” under the Bankruptcy Code? According to a recent decision from the First Circuit Court of Appeals, the answer is “no,” and Section 365(n) of the Code does not offer protection to trademark licensees when the licensor files for chapter 11.
Different Bases, Same Result in District of Minnesota Transfer Cases
The District of Minnesota continues to see many cases transferred to other districts after last year’s Supreme Court decision on venue in patent cases in TC Heartland v. Kraft Foods.
District of Minnesota Rejects Alice Challenge to Check Processing Patent Claims
The District of Minnesota recently issued its fourth post-Alice decision, this time addressing the question of patent subject matter eligibility for a check processing patent.
Pleading Willfulness in the District of Minnesota Post-Halo
Over a year after the Supreme Court’s decision in Halo Electronics, district courts continue to disagree over what is required to adequately plead a claim for willful infringement. The District of Minnesota is beginning to enter the fray.
On the Move: Judge Nelson Ships a Patent Case to Pennsylvania Under TC Heartland
In May 2017, the United States Supreme Court decided TC Heartland LLC v. Kraft Foods and limited venue in patent cases to where a corporate defendant is incorporated or has a regular and established place of business.
Procedural Context Proves Critical for § 101 Alice Patent Challenge in District of Minnesota
The Honorable Donovan Frank issued the second decision in the District of Minnesota to address the question of patentable subject matter under 35 U.S.C. § 101 in the context of a motion to dismiss.