Keeping an Eye On Precedent

A Valentine for the Federal Rules. Who Knew?

Federal Circuit Decides That FRCP Do Apply to Patent Eligibility. At Last!

Shout out to Gene Quinn for publishing my short piece in IPWatchdog this week on what we both feel is an important development at the Federal Circuit: two rulings within a week of each other vacating lower court determinations of patent ineligibility.

I’m optimistic about the court’s future approach to reviewing such decisions! read more


Fighting the Good Fight

Evolutionary Intelligence Requests Amicus Support on Petition for Cert.

On October 23, 2017, inventor and patent-holder Evolutionary Intelligence LLC (EI) will file a petition for writ of certiorari at the Supreme Court in Evolutionary Intelligence, LLC v. Sprint Nextel et al., appealing the Federal Circuit’s affirmance of a lower court’s invalidity decision under Section 101. read more


TDR Files SCOTUS Amicus Brief for AIPLA in Oil States

Case Addresses Constitutionality of Inter Partes Review

Do inter partes review proceedings at the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) violate the U.S. Constitution by extinguishing private property rights through a non-Article III forum without a jury?

That’s the issue the U.S. Supreme Court will consider in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., No. 16-712 (2017). read more


TDR Files Brief for IPLAC at SCOTUS

Amicus Curiae Support Petition for Certiorari in Synopsys v. Mentor Graphics

This spring Tabet DiVito & Rothstein submitted a brief on behalf of the Intellectual Property Law Association of Chicago (IPLAC) as amicus curiae, in support of a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, in Synopsys, Inc. v. Mentor Graphics Corp., No. 16-1288 (2017). read more


TDR Files SCOTUS Amicus Brief for AIPLA in TC Heartland

Addressing Venue in Patent Cases

I am honored to have drafted the brief on behalf of the American Intellectual Property Law Association (AIPLA) in TC Heartland LLC v Kraft Food Group Brands LLC, U.S., No. 16-341 (2017), which concerns the appropriate scope of venue in patent infringement cases.

The brief supports the Federal Circuit interpretation of the general venue statute at 28 U.S.C. 1391 as providing a definition of “resides” applicable in the patent venue statute later in that chapter at 28 U.S.C. 1400(b). read more


Extracting a Toll From a Patent ‘Troll’

Floyd Norris writes a worthwhile business column for The New York Times. He’s done yeoman work exposing corporate fraud, for one thing.

Norris’ article of October of 2013, “Extracting a Toll From a Patent ‘Troll’,” offers a good and detailed summary (as good as it gets in mainstream media) of the issues at stake in Octane, now up for Supreme Court review. read more


Lighting Ballast: Continuing Cybor’s Legal Fiction

Really?  No underlying facts at all?  Never? Is anyone else surprised about the outcome of Lighting Ballast?

I am. I thought there would be some—though maybe negligible—situation where the district court was forced to rely on extrinsic evidence, such as expert testimony. And the district court’s decision with respect to that evidence would be reviewed for clear error. read more


Federal Circuit Decisions Present Challenges to Innovators

What is the business of the Federal Circuit? What should it be? And how do decisions at the CAFC—and wider developments in patent law—affect America’s ability to compete in the global marketplace?

From the day of its inception in October of 1982, the role and rulings of the U.S. Court of Appeals for the Federal Circuit, a court of limited subject matter jurisdiction but a nationwide reach, have been the subject of much debate. read more


Mirror, Mirror: Supremes to Rule on Patent Rights

Alice is in line to get a look in the Supreme Court’s mirror. What will she see?

Long-time commentator Lyle Denniston has just published a short piece on about what promises to be a critically important patent ruling at the Supreme Court, in Alice Corporation v. CLS Bank International. read more