Appeals, Administrative Law Judge (ALJ), Motion to Dismiss

Latest Federal Court Case: Kroy IP Holdings, LLC v. Groupon Inc.

Schwabe, Williamson & Wyatt PC on 2/18/2025

After an inter partes review finds certain claims of a patent unpatentable, may the patentee assert other claims, immaterially different, in district court without being collaterally estopped? This was the question presented...more

Washington County Landfill/Expansion: Administrative Law Judge Addresses Motions to Dismiss Petitioners' Request for Adjudicatory...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/9/2023

As previously noted in April 18th and April 19th blog posts, the Mayor of Tontitown and certain individuals filed separate (two) Requests for Adjudicatory Hearing and Commission Review (collectively “Petitions”) before the...more

This Week at the Ninth: Long Arms and Sore Backs

Morrison & Foerster LLP - Left Coast Appeals on 9/5/2020

This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more

Knowledge and Control of Importation Can Lead to § 337 Violation

McDermott Will & Schulte on 3/12/2020

The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision that a respondent qualified as an importer under § 337 despite not being the actual importer of record, based on the...more

Indefinite Patent at the ITC May Survive in District Court

Jones Day on 12/23/2019

In a recent order issued in the Northern District of Texas, Judge Godbey denied a Defendant’s Rule 12(b)(6) motion despite the Federal Circuit’s holding that the asserted patent was invalid as indefinite. Hyosung TNS, Inc. v....more

District Court denies motion to dismiss despite Federal Circuit’s finding of patent invalidity in appeal of parallel ITC...

Mintz - Intellectual Property Viewpoints on 12/19/2019

On December 5, 2019, Judge David C. Godbey of the Northern District of Texas denied the defendant Diebold Nixdorf, Inc.’s (“Diebold”) motion to dismiss under Rule 12(b)(6), in Nautilus Hyosung Inc. v. Diebold, Inc. et al.,...more