Patent Law Weblog
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- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Category: District Court
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By Andrew Williams — We recently reported that Chief Judge Stark of the District of Delaware interpreted the second prong of the patent venue statute, 28 U.S.C. § 1400(b), in Bristol-Myers Squibb Company v. Mylan because the first prong was no longer applicable in view of the Supreme Court's TC Heartland LLC v. Kraft Foods…
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By Andrew Williams — Last Spring, the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State of incorporation" of the alleged infringer. Correspondingly, the first prong of the statute is limited as to…
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By Donald Zuhn — Last month, in Natural Alternatives International, Inc. v. Allmax Nutrition, Inc., District Judge Marilyn L. Huff of the U.S. District Court for the Southern District of California denied a Motion for Reconsideration filed by Plaintiff Natural Alternatives International, Inc. ("NAI"), and determined that NAI's claim for patent infringement remained dismissed with…
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District Court Finds Claims Directed to Method for Analyzing Enoxaparin Sample to Be Patent Eligible By Donald Zuhn — Last month, in Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc., District Judge Nathaniel M. Gorton of the U.S. District Court for the District of Massachusetts allowed a motion for judgment as a matter of law filed…
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By Donald Zuhn — Last week, in Tinnus Enterprises, LLC v. Telebrands Corp., U.S. Magistrate Judge John D. Love of the U.S. District Court for the Eastern District of Texas issued a report and recommendation ("Recommendation") on a Motion For Summary Judgment of No Inequitable Conduct and No Unclean Hands filed by Plaintiffs Tinnus Enterprises,…
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District Court Finds Method of Detecting Claim to Be Directed to Patent Ineligible Subject Matter By Donald Zuhn — Earlier this month, in Cleveland Clinic Foundation v. True Health Diagnostics, LLC, District Judge Leonie M. Brinkema of the U.S. District Court for the Eastern District of Virginia granted a Motion to Reconsider filed by Defendant…
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By Kevin E. Noonan – In the general chaos that has resulted from the Supreme Court's recent forays into trying to delineate the proper standards for patent subject matter eligibility (AMP v. Myriad Genetics, Mayo Collaborative Labs v. Prometheus), there is occasionally an inkling of the method behind this particular brand of jurisprudential madness. That method,…
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District Court Finds Diagnostic Claims to Be Directed to Patent Ineligible Subject Matter By Donald Zuhn — Last week, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, District Judge Indira Talwani of the U.S. District Court for the District of Massachusetts dismissed a complaint filed by Plaintiffs Athena Diagnostics, Inc., Isis Innovation Ltd., and…
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Interpreting Real-Time Sensory Data from Electrical System Found to Be Abstract Idea and Patent Ineligible By Joseph Herndon — Power Analytics Corp. sued Operation Technology in the U.S. District Court for the Central District of California for infringement of U.S. Patent Nos. 7,693,608; 7,729,808; 7,286,990; and 7,840,395, who responded by filing a partial summary judgment…
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By Joseph Herndon — In the U.S. District Court for the Central District of California, Dialware Communications sued Hasbro, Inc. alleging that Hasbro's Furby toys infringe on five patents: U.S. Patent Nos. 7,183,929 (the "'929 Patent"), 7,383,297 (the "'297 Patent"), 7,568,963 (the "'963 Patent"), 9,039,482 (the "'482 Patent"), and 9,275,517 (the "'517 Patent"). According to…
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