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Trial & Error: Violation of MIL Order Not a Per Se Justification for New Trial

USA - May 26 2021 The Federal Circuit’s recent opinion in Pacific Biosciences of California, Inc. v Oxford Nanopore Technologies, Inc. et al. reminds us that new trial…

Vid Bhakar.

Trial and Error: A Blog Series Dedicated to Patent-Related Trial Issues

USA - May 10 2021 Evidence Relating to Third Party Chips Better Be Good When It’s TV Time at the Federal Circuit: The admissibility of third-party source code as a…

Vid Bhakar.

Restoring Balance: Increased Discretionary Authority of the PTAB Favors Patentees

USA - April 5 2021 The Patent Trial and Appeal Board (PTAB) is an administrative law body of the US Patent and Trademark Office (USTPO) that determines disputes over the…

Tamara Fraizer.

Discretionary Denial of Institution of an IPR Disfavored Where Litigation Already Stayed or Petitioner Stipulates to Estoppel

USA - April 5 2021 In 2020, the PTAB increasingly denied otherwise meritorious petitions for review under its discretionary authority, as my partner Steve Auvil and I…

Tamara Fraizer.

Move Over Marshall, There’s a New Sheriff in Town—The Rise of Waco and the Western District of Texas

USA - March 28 2021 Since the mid-2000s, mention Marshall, Tyler, Sherman, Beaumont or Texarkana to an experienced patent litigator and you would get knowing nods about…

Ronald Lemieux.