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SerendIPity: Dykema's Intellectual Property Law Blog

Intellectual Property Law Blog

News and Analysis of Legal Issues Affecting Intellectual Property

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Photo of SerendIPity: Dykema's Intellectual Property Law Blog Aaron D. Charfoos
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Showing 17 posts by Aaron D. Charfoos.

Law360: 3 Reasons IP Cases Still Need General Trial Lawyers

Dykema trial lawyer Aaron Charfoos was recently interviewed by IPLaw360 on the continuing role of the generalist trial attorney in patent litigations. The article can be found at https://www.law360.com/articles/769825.

The Storm Before the Calm Part II

On October 30, 2015, in our post “The Storm Before the Calm,” we predicted that the number of patent infringement suits filed in district courts would be way up in November. We believed that we would see this spike, in part, as plaintiffs rushed to file their lawsuits ahead of the December 1, 2015, changes to the Federal Rules. These changes eliminated Form 18, the bare bones patent litigation complaint, that patent plaintiffs have heavily relied on in recent years. From now on, plaintiffs will need to include enough detail to ensure that their claims are “plausible.” Read More ›

The Storm Before the Calm

It has been widely reported that patent litigation filings have been way up in 2015, bucking the post-Alice crash in the second half of 2014. However, we anticipate that November 2015 will see an even bigger spike in patent litigation filings. Why?  Read More ›

The Supreme Court Eyes Enhanced Patent Damages

The Supreme Court has significantly reigned in patent litigation and damages over the past few years-acting where Congress seemingly has been unable to do so. However, the Court just granted certiorari in two (now one combined) cases Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.  Read More ›

Success Rate Trends of Section 101 Motions for Summary Judgment

DocketNavigator (subscription required) has compiled statistics on the success rate of Section 101 Motions for Summary Judgment. So far this year, district courts have issued 22 decisions (in all of 2014 they ruled on 23). Fourteen (63.6 percent) were granted, five (22.7 percent) were denied, and three (13.6 percent) were partially granted and partially denied. This trend continues to reinforce the theme that post-Alice, Section 101 challenges (at all stages of litigation) are becoming more popular and must be considering in any litigation strategy. Read More ›

2015 Patent Litigation Trends

In a recent post, Dennis Crouch at Patently-O analyzes the most recent trends in patent litigation filings. Contrary to some other studies which show a decrease in patent litigation, Crouch’s data (collected from Lex Machina) shows that patent litigation in 2015 has either plateaued or increased. In addition, if you include IPR petitions in “patent litigation,” 2015 is on track to be the most active patent litigation
year (see chart below).  Read More ›

The Rise of the 12(b)(6) Motion

In the wake of the Supreme Court’s ruling in Alice we are continuing to see a growing trend by defendants to challenge patents under Section 101 (patentability) at the pleading stage. In a new report by DocketNavigator, 12(b)(6) motions have been filed in 24 cases so far this year compared to a total of 23 filed in 2014. In addition, the grant rate has increased from 52 percent in 2014 to 58 percent in 2015. This new tool should be assessed early as part of any patent litigation strategy.   Read More ›

A Brief Dip: 2015 Sees A Big Increase In Patent Litigation

In a March 2015 article from Managing IP Magazine, the magazine, in cooperation with DocketNavigator, completed an analysis of patent litigation filed so far in 2015 and found some surprising results: Read More ›

Is That Patentable? The USPTO Issues New Guidance on Patentable Claims Post-Alice

Yesterday, the United States Patent and Trademark Office issued more guidance on what is patent eligible after the Supreme Court's Alice decision. The new document, which includes a series of examples of eligible and ineligible claims, supplements the Office's December Interim Guidance. In general, the examples continue to reinforce the growing trend of relying upon the older “machine or transformation” test to determine eligibility.   Read More ›

Recent Supreme Court Opinions Lead USPTO to Issue New Interim Patentability Guidelines

On December 10, 2014, the United States Patent and Trademark Office issued new interim guidelines for patent examiners to use to determine eligibility of patents in light of the Supreme Court’s recent opinions on the topic BilskiMayoMyriad, and Alice. These interim guidelines supplement the June 25, 2014, Preliminary Examination Instructions and supersede the earlier March 4, 2014, preliminary instructions. Read More ›