Motions to dismiss used to be rare in patent litigation, but those that cover “abstract ideas” are now commonplace. The first such motion in the District of Minnesota was a huge success, resulting in an opinion that recommends dismissal and finds the patents invalid.
What is old is new again when it comes to willful infringement.
On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law, creating a new federal cause of action for trade secret misappropriation.
What is the future of patent protection for biotechnology in light of the Federal Circuit’s latest decision on patentable subject matter?
Preliminary injunctions in patent litigation are tough to win at the district court. Even if you do, you may still need to defend the decision at the Federal Circuit.
Recent Order from Magistrate Judge Franklin L. Noel Provides Important Lessons on Expert Disclosures
A recent order by Magistrate Judge Noel in Luminara Worldwide, LLC v. Liown Electronics Co. helps to clarify the Federal Rules on expert disclosures.
Magistrate Judge Hildy Bowbeer Offers Further Guidance on When a Court Should Order a Patentee to Reduce the Number of Asserted Claims
A recent case before Magistrate Judge Bowbeer offered further guidance on how and when courts should reduce the number of asserted claims.
You may be making it easier for a party to later invalidate the patent.
Pleading patent infringement got a little bit trickier on December 1, 2015.
An early motion for summary judgment can be a useful tool when a claim turns on a question of law and the facts are not in dispute.