Last week saw a slight increase in district court filings after a weak January and February. There were 43 new patent applications. This includes design patent disputes over tumblers and multiple applications that point to links with a slew of plaintiffs such as Jeffrey Gross and Lee He Rothschild. The Patent Trial Board (PTAB) has had a busy week for him. Last week he had more than 32 new appeals and only one procedural refusal of the agency’s decision. for the time being. Of course, the big news this week is that the Federal Circuit has reinstated challenges to the Administrative Procedure Act (APA). dummy The decision of discretionary denial itself is an arbitrary agency action that circumvents due process and has had enormous ramifications in a wide range of cases.
Judge Gilstrap rules NPE campaign patent default and trustee for nonpayment. My initial reaction to all this was: I didn’t know you could do that. ’ But it makes sense. Prior sanctions rulings, numerous misconduct allegations, exceptional fee rulings appealed and confirmed, and the current long-running litigation filled with non-payment further underscored the lack of well-researched filings and ongoing litigation. In which defense counsel inexplicably refuses to dismiss (or under serious threat of further sanctions – Judge Gilstrap appoints a trustee, all assets owned by Traxcell Technologies, LLC). After discovering that, it appears to have taken the unusual step of handing over the patent assets themselves to one of the defendants, Verizon. look designation of the order to be delivered and the recipient; Verizon Wireless Personal Comm vs. Traxcell Techs, Case 6:20-cv-01175-ADA ECF 212 (March 3, 2023). It is unclear from the record whether any action was taken to comply. After this order was lifted, plaintiffs’ attorneys: not yet It was dismissed from the lawsuits pending in the Western District, and several different motions were filed in those pending lawsuits, including motions to dismiss for failure to prosecute, failure to state claims, and others. S.yeah, for example Defendant Lyft’s Motion to Dismiss Traxcell’s Amended Complaint for Failure to Prosecute Traxcell Techs., No. 6:22-cv-00689-ADA, ECF 19 (March 8, 2023) (Non-responsiveness in the face of Rule 11 sanctions and months of failure to even respond to counsel). details that it did not). It’s a little unclear due to the jumbled up of the case record, but it appears that the plaintiff’s attorney did not appear before the court-specified deadline and has not responded.
What does the CAFC say-dummy challenges may advance: In an opinion of precedent, the Federal Circuit partially overturned a district court’s decision to dismiss Apple’s administrative statute challenge. dummy cause. Applying its decision with the Director’s new guidelines in mind, the Panel confirmed the dismissal of the appeal. dummy However, the USPTO has revived allegations that it failed to comply with the formal notice and comment rulemaking requirements under the APA. Discretionary denials are on the decline, but this case is noteworthy. This is because Secretary Vidal recently instructed the Panel to fully address factors 1 through 5 before reaching the question of “persuasive merit” before the Panel. spontaneously Review of IPR2022-01242.
Remarkably, the decision also spent a considerable amount of time establishing a position of appeal against the opponents, and in the course of many of the challenges parties were forced to make bare allegations unsupported by additional evidence. and the court received a judicial notice on this. The fact is that changes in the Commission’s rules threatened to cause tangible harm.
Delaware Judge Williams will consider product protection requests from litigation funders. In a letter to the Delaware state court, plaintiff Torchlight Technologies was apparently funded through Curiam Capital and apparently brokered through Palladium IP, but the attorney’s deliverables protection was part of the transfer agreement. and urged it to be applied to documents related to company formation and analysis, including; is attached to the letter. The Order is a fascinating dive into the world of entities funding lawsuits, complex corporate structures, and some of the thorny legal issues such arrangements present. look Letter to Judge Williams, Torchlight Technologies LLC vs. Daimler AG and othersNo. 22-751-GBW, ECF 107 (14 March 2023).
Acacia’s R2 portfolio rises again: R2 Solutions LLCYahoo’s long-term ownership portfolio of former patents. Challenges come from American Airlines and Hilton, whose assertion profiles cast a broad net, suggesting engagement is consistently serious.
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