Tag Archive for 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-called § 314(a) or Fintiv denials).  In these denials, the PTAB decides not to institute an inter partes review based primarily on related…

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 predicted that this would lead to widespread chaos, with companies picking different jurisdictions and attempting to obtain a better rate in one forum than the other. I…

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 infringement, and willfulness.  The ruling in Motiva v. Sony & HTC contradicts case law and the logic of the statute, cites case law for a proposition it explicitly…

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 patent lawsuit can easily cost just as much as opening an Apple store (estimated at $8-10 million per store), even if…

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 of their targets decided to fight back, filing an ex parte reexamination request that wound up cancelling all of the claims of its patent, MacroSolve…

All My Excess (Venue) Leaving Texas

Yesterday afternoon, the Federal Circuit overturned the Eastern District of Texas’s test for venue.  Even after TC Heartland, patent trolls were trying to keep defendants in the Eastern District of Texas.  And in the first order issued by Judge Gilstrap, in a case called Raytheon v. Cray, it seemed like he was going to cooperate.…