Changes Are In Store for Patent Law
The federal judiciary has already adopted tighter pleading standards and discoveThe federal judiciary has already adopted tighter pleading standards and discovery limits that promise to make life even harder for nonpracticing entities when the rules take effect next fall.
January 04, 2015 at 07:00 PM
9 minute read
It's a phrase heard frequently from patent practitioners: “We live in interesting times.”
The year 2014 was momentous in the field of patent law. The U.S. Supreme Court issued blockbuster rulings on patent eligibility, fee shifting and claim particularity. The U.S. Patent and Trademark Office's postgrant review procedures proved wildly popular — at least with accused infringers. Congress almost passed even broader-reaching reforms. And new patent infringement claims dropped sharply, reversing a trend.
More change is certain in 2015, but who's going to impose it and how far it will extend remain up in the air. The federal judiciary has already adopted tighter pleading standards and discovery limits that promise to make life even harder for nonpracticing entities when the rules take effect next fall. The Supreme Court seems likely to play a less active role. But the U.S. Court of Appeals for the Ninth Circuit will have a say on one of patent law's hottest issues: setting fair royalties for standard-essential patents.
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Who Got The Work
Joseph J. Mueller and Rachel Bier of Wilmer Cutler Pickering Hale and Dorr have entered appearances for Omachron Alpha, Omachron Intellectual Property and SharkNinja Operating in a pending patent infringement lawsuit. The action, filed Sept. 16 in Massachusetts District Court by Kirkland & Ellis, asserts three patents in connection with SharkNinja's sale of the 'Vertex' and 'Stratos' cordless vacuum cleaners. The case, assigned to U.S. District Judge Allison D. Burroughs, is 1:24-cv-12373, Dyson, Inc. et al v. SharkNinja, Inc. et al.
Who Got The Work
Shloime Fellig of Latham & Watkins has entered an appearance for Ardelyx the company's CEO and CFO in a pending securities class action related to Xphozah, a drug which treats kidney disease and end-stage renal disease. The complaint, filed Aug. 16 in Massachusetts District Court by Pomerantz LLP, contends that the defendants failed to disclose that the company would not be seeking the drug’s acceptance into the Transitional Drug Add-on Payment Adjustment, a bundled payment system regulated by the Medicare Improvements for Patients and Providers Act. The case, assigned to U.S. District Judge Leo T. Sorokin, is 1:24-cv-12119, Yarborough v. Ardelyx, Inc. et al.
Who Got The Work
Alexander P. Ott, Megan Corrigan and Karen Gover of McDermott Will & Emery have entered appearances for Analog Devices, a Massachusetts-based manufacturer of semiconductor processing equipment, in a pending patent infringement lawsuit. The suit, which asserts two patents, was filed July 9 in Massachusetts District Court by Arrowood LLP and the Devlin Law Firm on behalf of Ocean Semiconductors. The case, assigned to U.S. District Judge Patti B. Saris, is 1:24-cv-11759, Ocean Semiconductors LLC v. Analog Devices Inc.
Who Got The Work
Forrest M. 'Teo' Seger of Clark Hill has entered an appearance for Equifax Information Services in a pending lawsuit for claims under the Fair Debt Collection Practices Act. The case was filed Aug. 13 in Texas Western District Court by Halvorsen Klote on behalf of Quinton Humphrey. The case, assigned to U.S. District Judge Fred Biery, is 5:24-cv-00892, Humphrey v. LVNV Funding, LLC et al.
Who Got The Work
Winston & Strawn partners Amanda Groves and Shawn R. Obi have entered appearances for Wells Fargo Bank in a pending consumer class action. The case, filed Aug. 13 in California Northern District Court by the Kazerouni Law Group and Kellett & Bartholow, contends that Wells Fargo overcharged tens of thousands of customers on their mortgage loan accounts and attempted to downplay liability by sending out 'cryptic' letters and cashier checks. According to the suit, the defendant's failure to disclose to customers how their accounts were overcharged or to provide any accounting or itemization of actual damages constitutes a violation of California's Unfair Competition Law. The case, assigned to U.S. Magistrate Judge Peter H. Kang, is 3:24-cv-05105, Prado v. Wells Fargo & Company et al.
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