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.

On January 25, 2018, the United States Court of Appeals for the Federal Circuit (“the Federal Circuit”) released its opinion in Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., affirming the U.S. District Court for the Eastern District of Texas decisions: (1) to deny summary judgment that four claims from Core Wireless”™ patents are directed to patent ineligible subject matter; (2) to deny judgment as a matter of law that another patent anticipates the asserted claims; and (3) to deny judgment as a matter of law that the asserted claims are not infringed.

On February 14, 2018, the United States Court of Appeals for the Federal Circuit (“the Federal Circuit”) found in Aatrix Software, Inc. v. Green Shades Software, Inc. that Aatrix Software, Inc. (“Aatrix”) was entitled to file its proposed second amended complaint, holding that the District Court erred to the extent it granted the motion to dismiss filed by Green Shades Software, Inc. (“Green Shades”).