On February 3, 2026, the United States Patent and Trademark Office (USPTO) de-designated Proppant Express Investments, LLC v. Oren Technologies, LLC and Adello Biologics LLC v. Amgen Inc. from precedential status. In both decisions, the Patent Trial and Appeal Board
Patent Lawyer Blog
The Patent Lawyer Blog, published by Jeffer Mangels Butler & Mitchell LLP, focuses on developments in patent law including litigation strategies, patent prosecution, and procedural updates. It covers court decisions on patent validity, infringement disputes, and enforcement actions, as well as administrative changes at the USPTO affecting patent challenges like inter partes review. The blog discusses technical and legal aspects of patent cases involving various technologies and industries, highlighting judicial reasoning on issues such as patent eligibility, damages apportionment, and jurisdictional discovery. It also addresses the impact of recent rulings on patent enforcement and defense tactics.
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Samsung Advances in Alter Ego Discovery for Jurisdiction: Court Orders Production and Depositions in CM HK Dispute Where Affiliates Used Common Servers
By Stan Gibson
In a significant development for declaratory judgment actions involving jurisdictional challenges, a Northern District of California Magistrate Judge has ruled in favor of Samsung Electronics in its ongoing dispute with CM HK Ltd. The order from the court resolves key…
District Court Enforces Post-Expiration Destruction Order Despite Patent Lapse
By Stan Gibson
In a post-judgment ruling from the U.S. District Court for the Eastern District of New York, the court rejected defendants’ bid to escape a destruction mandate after the asserted patents expired just days after a permanent injunction issued, ordering the…
Eastern District of Texas Rejects Daubert Challenge to Apportionment Expert in Anonymous Media v. Samsung
By Stan Gibson
In Anonymous Media Research Holdings, LLC v. Samsung Electronics Co., Ltd. (No. 2:23-CV-00439-JRG-RSP, E.D. Tex. Sept. 17, 2025), the U.S. District Court for the Eastern District of Texas denied Samsung’s motion to exclude the apportionment opinions of plaintiff’s expert, Mr.…
District Court Invalidates Patents for Bridge Cheating Detection Software Under § 101
By Stan Gibson
In a recent decision from the U.S. District Court for the Northern District of Georgia, the Court granted motions to dismiss and for judgment on the pleadings, invalidating two patents related to software for detecting cheating in the card game…
USPTO Tightens Rules for Inter Partes Review Petitions
The U.S. Patent and Trademark Office issued a significant policy shift on July 31, 2025, announcing it will strictly enforce a procedural rule that has been loosely applied for years, potentially making it harder for challengers to invalidate patents through…
USPTO Director Once Again Blocks Patent Challenges Based on “Settled Expectations” for “Older” Patents
The U.S. Patent and Trademark Office has denied institution of Inter Partes Review (IPR) proceedings against two Applied Optoelectronics patents in a discretionary decision that highlights how patent age can influence administrative challenges.
In a decision dated June 27, 2025,…
CrowdStrike’s Two-Petition Strategy Backfires in Director Review
The U.S. Patent and Trademark Office Director has granted Director Review and vacated the Patent Trial and Appeal Board’s decisions to institute two separate inter partes review (IPR) proceedings challenging the same patent claims in a dispute between CrowdStrike, Inc.…
Spacing Out: PTAB Rejects Word Count Challenge Over Missing Spaces
In a recent inter partes review institution decision, the Patent Trial and Appeal Board (PTAB) addressed and rejected a procedural challenge regarding word count compliance, providing guidance on formatting requirements and waiver of procedural objections.
In IPR2025-00112, Patent Owner Miracor…
Means-Plus-Function Trap: How Procedural Missteps Killed an IPR Before It Started
The Patent Trial and Appeal Board (PTAB) has denied a petition for inter partes review of Phenix Longhorn LLC’s patent, ruling that the petitioner failed to properly address means-plus-function claim limitations as required by USPTO rules.
Background
In IPR2025-00044, Petitioner…