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Dykema Gossett PLLC
Dykema Gossett PLLC

SerendIPity: Dykema's Intellectual Property Law Blog

Intellectual Property Law Blog

News and Analysis of Legal Issues Affecting Intellectual Property



Showing 26 posts in IP Litigation.

Not So Fast: Pushback to Invalidate Patents Absent Further Review May be a Growing Trend

In March 2016, a number of district courts have expressed hesitation to decide 35 U.S.C. § 101 patentability too soon. Although each court offered its own interpretation of how to proceed, the underlying message was clear: there is growing concern some courts have ruled on the validity of certain software and other computer-implemented technologies prematurely post-AliceRead More ›

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

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 ›

Coming Changes to the FRCP Can Affect IP Litigation

IP litigation is among the most significant, and costly, litigation a company can face, regardless whether on the plaintiff or defense side. Of import to those “engaged in the game” is that significant changes to the rules by which the game is usually played—otherwise known as the Federal Rules of Civil Procedure—are coming later this year. Recently, the Supreme Court approved and sent to Congress a package of important amendments to 11 of the Rules. Unless Congress intercedes (unlikely), the amended Rules take effect on December 1, 2015. 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 ›

Considerations Before Filing an Appeal with the PTAB

Any patent application that has been twice rejected by a patent examiner in the USPTO can be appealed to the Patent Trial and Appeal Board (“PTAB”).[1] Before appealing a rejection, it is important to understand the pros and cons. 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 ›

Patent Reform is Back on the Table (Maybe)

While the Republicans and Democrats continue to become increasingly entrenched and divided on many issues there seems to be at least one common area they agree on, patent reform should be on the agenda in 2015. In separate statements, both Senate Minority Whip John Cornyn (R., Texas) and Senator Chuck Schumer (D., N.Y.), members of the Senate’s Judiciary Committee, have stated that they believe a bill on patent reform will pass next year.  Read More ›

Illinois Has A New Weapon Against Frivolous Patent Assertions

Beginning January 1, 2015, Illinois consumers and businesses will have a new weapon to combat abusive patent assertion tactics. Victims will now have a remedy under the Consumer Fraud and Deceptive Business Practices Act for such violations, and patent holders should be aware of the new rules to ensure they comply with the new law (815 ILCS 505/2RRR).  Read More ›