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Intellectual Property News

Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd.

On May 16, 2018, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") affirmed in part, and reversed in part, the U.S. Patent and Trademark Office Patent Trial and Appeal Board's ("PTAB") application of the printed matter doctrine in the inter partes review ("IPR") of Praxair Distrib., Inc. v. Mallinckrodt Hosp. Prods. IP Ltd.

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In Re ZTE

On May 14, 2018, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its opinion in regard to the mandamus petition filed by ZTE.  The Federal Circuit held that Federal Circuit law determines the propriety of venue under 28 U.S.C. §1400(b) and that when a motion challenging venue is filed by the Defendant in a patent case, the Plaintiff bears the burden of establishing proper venue.

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Oil States Energy Services LLC v. Greene’s Energy Group, LLC (2018)

On April 24, 2018, the Supreme Court of the United States (“Supreme Court”) held in Oil States Energy Services LLC v. Greene’s Energy Group, LLC, that an inter partes review (“IPR”) by the Patent Trial and Appeal Board (“PTAB”) does not violate Article III or the Seventh Amendment of the U.S. Constitution.

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