Much Ado About Injunctions

It’s become an article of faith among those complaining that patent reform has gone too far that the 2006 eBay case must be overturned—but that assertion doesn't appear to be backed up by the facts.

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Granted In 19 Hours

Patent examiners have an extremely hard job.  They’re given a patent application—which could be anywhere from a page long up to hundreds of pages, with patent claims ranging from a…

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Albright Names NPE Lawyer As New Magistrate Judge For Waco

With the transformation of his Waco courtroom into the venue for more than 25% of all patent cases in the United States, Judge Albright can’t keep up with all the business he’s “drummed up” for his courtroom.  He’s made heavy use of technical advisors—one of whom made more than $700,000 in the first half of 2021 alone—as well as deferring almost all non-patent cases to his magistrates for all pre-trial proceedings.  

But even with a magistrate and technical advisors, it seems like Judge Albright needs more help managing the patent docket he created in Waco.  Earlier this year, the Judicial Conference authorized a second magistrate judge for the Waco court.  And Judge Albright has arrived at his selection for that role, naming litigator Derek Gilliland to the position.

Recent posts

Widespread Support for IEEE 2015 Patent Policy

In 2015, the IEEE made changes to its Patent Policy for standard-essential patents (SEPs).  Among other things, that policy strongly disfavored seeking injunctive relief for SEPs because injunctive relief permits using the threat of enjoining an entire product to extract a royalty that covers more than the value contributed by the patent.  The policy also…

Arthrex, Mobility Workx, and Director Review at Institution

There’s been a fair amount of discussion regarding Judge Newman’s dissent in last week’s Mobility Workx case.  In Mobility Workx, a divided panel of the Federal Circuit rejected a variety of constitutional challenges to the Patent Trial and Appeal Board (PTAB).  Judges Dyk and Schall, in the majority, found no merit in the due process…