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EDVA Upholds USPTO’s Calculation of Patent Term Adjustment

Under the patent laws, the term of a patent may be increased for delays by the U.S. Patent and Trademark Office (USPTO) during the application process. See 35 U.S.C. § 154(b)(1). Conversely, the USPTO can reduce a patent term...more

Fed. Circ. Offers Guidance on Right to Repair in Patent Law

For many product manufacturers, post-sale repair and maintenance of their products is a significant source of revenue, and manufacturers use various incentives to entice their customers to return to them for post-sale...more

EDVA Judge Finds Driver Scheduling Patents Invalid

In a lengthy and detailed opinion, EDVA Judge Hannah Lauck has dismissed a suit alleging infringement of seven patents relating to coordinating drivers to transport vehicles between locations, holding that the patents were...more

EDVA Rules That a Demand Letter to Amazon Creates Declaratory Judgment Jurisdiction

One issue a patent owner faces when attempting to enforce its patent is the notice given to a potential infringer. By sending a demand letter to a potential infringer, a patentee runs the risk of creating a basis for a...more

EDVA Judge Rules That Geolocation Patents Are Invalid Under 35 U.S.C. § 101

On September 18, in identical opinions issued in separate cases against Google and Apple, EDVA District Judge Michael Nachmanoff ruled that four patents directed toward geolocation of mobile devices claimed patent-ineligible...more

EDVA Judge Holds That a Temporary Restraining Order Ends at the Close of Business on the Day of Expiration

Following up on our post on obtaining temporary restraining orders and preliminary injunctions in the EDVA, a recent decision by an EDVA judge clarifies that a motion to extend a temporary restraining order (TRO) filed after...more

Building on Successful Judicial Assignment Reform in Texas

More than 16 months ago, the two ranking members of the Senate Judiciary Committee asked Chief Justice John Roberts to direct the Judicial Conference of the United States to study forum shopping in patent litigation,...more

EDVA Reaffirms its Aversion to Litigation Between Out of State Companies in Recent Venue Decision

From the mid-1990s until the mid-2010s, the EDVA typically ranked among the top 10 federal districts for patent litigation. See Gugliuzza, Paul R. and Anderson, Jonas, Why Do Judges Compete for (Patent) Cases? at 24-25...more

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