Improper Venue: A First, But Not Last Ground For Dismissal
A district court may properly dismiss a case under Rule 12(b)(6) after concluding that venue is improper under Rule 12(b)(3).
Referencing Reexamination Does Not Justify Jurisdiction
Ben K. Shiroma & Shritika Dahal
A contractual dispute does not “arise under” patent law if the contract merely includes terms referencing patent reexamination.
Federal Circuit Clarifies Marking Requirements for Non-Practicing Entities
To recover pre-suit damages, a non-practicing patentee must plead that it has made reasonable efforts to ensure that its licensees comply with the marking requirements of 35 U.S.C. § 287. Additionally, a sanctioned attorney seeking to challenge the sanctions award must be identified as an appellant in the notice of appeal for the appellate court to have jurisdiction over the challenge.
A Private Sale Does Not Constitute a Public Disclosure Under § 102(B)(1)(B)
Inzer C. Ni & Stella B. Haynes Kiehn
A private sale does not constitute a public disclosure under § 102(b)(1)(B).
Transfer of All Substantial Rights Allows a Licensee to Stand in the Patentee’s Shoes
Inzer C. Ni & Ilja V. Khavrutskii, Ph.D.
A license agreement transferring “all substantial rights” is tantamount to an assignment, permitting the licensee to sue patent infringers in its own name under 35 U.S.C. § 281 and supports a finding that the patent owner is not a necessary party under Fed. R. Civ. P. 19.
How Section 337 Litigants Can Prepare for the Newly Confirmed ITC
Sheila Swaroop & Michael S. Forman
The Senate has confirmed five new commissioners for the International Trade Commission, giving the agency a full slate of commissioners for the first time in nearly a decade, including two commissioners with significant patent law experience. Section 337 litigants should prepare for three potential shifts at the ITC: a push to resolve investigations faster, more active review of initial determinations, and an increased focus on the balance of patent rights and the public interest.
In Law360 Article, Ben Katzenellenbogen and Fatima Kouadio Propose a Clarification to the Functionality Standard in Design Patents
Ben Katzenellenbogen & Fatima L. Kouadio
In a Law360 Expert Analysis piece, Knobbe Martens partner Ben Katzenellenbogen and associate Fatima Kouadio examine the uncertainty surrounding functionality in design patent cases, prompted by the Federal Circuit’s splintered denial of rehearing in Range of Motion Products LLC v. Armaid Company Inc.
Jeremiah Helm and Sean Murray Examine the Wyeth Decision and the Enablement Requirement in Law360
Jeremiah S. Helm, Ph.D. & Sean Murray
In the latest column in their monthly Law360 series on recent noteworthy Federal Circuit decisions, Knobbe Martens partners Jeremiah Helm and Sean Murray explore the court’s opinion in Wyeth LLC. V. AstraZeneca Pharmaceuticals LP, a patent infringement dispute focused on methods of treatment of non-small cell lung cancer.
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