Jeffrey Lyons

The Judicial Response to Eligibility Post-Hantz

By Jeffrey Lyons on April 28, 2023 Posted in Patent

On March 20, the United States Court of Appeals for the Federal Circuit issued a short non-precedential opinion that, among other things, found that a motion to dismiss based on patent ineligibility under 35 U.S.C. § 101 extended only to claims explicitly addressed in the operative complaint. See Hantz Software, LLC v. Sage Intacct, Inc., … Continue Reading

IP Litigation Update in the District of Delaware (Not Patents!)

By Jeffrey Lyons on February 27, 2023 Posted in Intellectual Property

The District of Delaware is renowned as a patent litigation hot spot, but the district sees its fair share of other IP litigation. Two recent opinions shed some light on this practice and are useful for anyone seeking to file a trademark or copyright suit, or called to defend against one, in the district. First … Continue Reading

Federal Circuit Disregards ‘Manipulative Activities’ of Plaintiffs in Deciding Venue Transfer

By Jeffrey Lyons on July 14, 2021 Posted in Patent

The U.S. Court of Appeals for the Federal Circuit recently issued a precedential opinion discussing plaintiffs’ attempts to influence venue through reliance on a licensing agreement that purported to limit where a patent infringement suit “might have been brought.” See In re Samsung Electronics Co., Case Nos. 2021-139, 2021-140 (Fed. Cir. June 30, 2021). In … Continue Reading

Appellate Hot Potato: Which Circuit Court Will Hear a ‘Walker Process’ Appeal?

By Jeffrey Lyons on July 13, 2021 Posted in Patent

In the latest round of appellate hot potato, the U.S. Court of Appeals for the Federal Circuit transferred to the U.S. Court of Appeals for the Fifth Circuit an appeal from a decision by the U.S. District Court for the Northern District of Texas regarding antitrust claims associated with enforcement of a patent found unenforceable … Continue Reading

Can a Good Deed Ever Go Unpunished? Patent Infringement Considerations for Technologies Used to Combat COVID-19

By Jeffrey Lyons and Aaron Rabinowitz on May 18, 2020 Posted in 3D Printing

With the COVID-19 outbreak, institutions and corporations are scrambling to develop and produce COVID-19 tests and cures, while at the same time hospitals are facing a lack of personal protective equipment (PPE) and lifesaving medical devices such as ventilators. Major companies are using their large-scale production capabilities to mass-produce products for hospitals. For example, some … Continue Reading