Tag: Eastern District of Texas
Discretionary Denials at the PTAB Continue to Rise, Benefit NPEs
According to new data from Unified Patents, the rise in discretionary denials at the PTAB is showing no signs of slowing down. In 2019, there were 6 denials based on co-pending litigation (so-ca...
Unwired Planet, International Chaos
Late last August, the UK Supreme Court issued a ruling in Unwired Planet permitting UK courts to assert jurisdiction over worldwide rate-setting in standard-essential patent (SEP) disputes. I predicte...
Forum Selling and Judge Shopping—How Two Texas Districts Compete For NPE Cases
Judge Gilstrap of the infamously NPE-friendly Eastern District of Texas used to handle one out of every four patent cases in the entire United States. The Eastern District as a whole handled mor...
Federal Circuit: Server Is Not A Regular And Established Place Of Business
Today, the Federal Circuit granted a writ of mandamus, ordering the Eastern District of Texas to dismiss or transfer a case for lack of venue. This order is the latest in a series of Federal Circuit...
New E.D. Texas Ruling Is Vicarious Victory for Trolls
In a decision issued last week, Judge Gilstrap—the “poster boy” for patent trolls’ favorite court, the Eastern District of Texas—has mangled the law on induced infringement, contributory inf...
No More Bites At The Apple In The Eastern District
Last week, it was widely reported that Apple plans to close its retail stores in the Eastern District of Texas in order to avoid facing patent lawsuits in the district. Given that a single paten...
NPE Resurrects Canceled Patent To Go After Restaurants
A few years ago, a company called MacroSolve stopped creating products and started creating patent litigation. Its tool was a patent that claimed to cover mobile questionnaires. But after several ...
The Inventor Protection Act Would Actually Harm U.S. Innovation
Yesterday, I went through the serious defects in the findings Rep. Rohrabacher based his Inventor Protection Act on. Today, I’ll discuss the problems with the legal changes the bill seeks to make....
If A Free Patent Portfolio License Sounds Too Good To Be True—It Is
Non-practicing entities (NPEs) are generally companies with only one asset—their patents. So why would an NPE give away licenses to the only things it can generate value from? If it seems too go...