The Central District of California continues to be at the forefront of IP practice. As one of the nations busiest venues for patent cases many firms in the area have expanded their practice to accommodate the demand.
Currently IP Lawyers are expecting to see inconsistent ruling across jurisdictions as courts struggle to understand how traditional IP rules apply to new mobile technology. Additionally, lawyers are waiting to see the effect of last year’s America Invents Act, which overhauls the patent system with the aim of discoursing lawsuits by nonpracticing entities and avoiding protracted litigation.
Also this year, the Eastern District of California indicated a more international direction for patent law when it issued a preliminary injection in Seed Servs., Inc. v Winsor Grain, Inc. (212 WL 1232320 (E. D. Cal.). After selling its U.S. trademark to the American plaintiff and committing to not sell alfalfa seeds in Saudi Arabia, the U.S. defendant began selling the seeds under an identical trademark registered in Australia.
“The extraterritorial application of IP laws is going to keep coming up with the drastic expansion in international trade, where American IP owners are manufacturing overseas,” says Thomas T. Chan, a partner at Fox Rothschild in Los Angeles. “California is certainly in the forefront of [these cases], and I expect more to come.”