As far as this blog is concerned, the most significant media coverage of the Waco Division this week was Scott Graham’s Q&A with Mark and Joe for Texas Lawyer, regarding How the Western District of Texas Became a Patent Hot Spot (subscription required). But of course, the Waco Division received other attention, as well:
- For Law.com’s Legal Speak podcast, Scott Graham sat down with Winston & Strawn lawyers Michael Tomasulo and Danielle Williams to discuss ‘Test of a Business Model’: What the $2.175B Megaverdict Against Intel Means for Patent Monetization (podcast also available for download from standard podcast hubs)
- On Patently-O, Alan Cox takes a granular look at the publicly available aspects of the parties’ damages testimony from the recent VLSI-Intel trial: The Damages Testimony in VLSI Technologies v. Intel
- Also over on Patently-O, Prof. Bernard Chao authors a letter jointly signed by 22 law professors seeking greater access to sealed filings on the Court’s docket: Seeking Transparency in Waco. (The letter acknowledges but alleges shortcomings in the Court’s new Feb. 12 standing order regarding document sealing and redaction, which we previously covered.)
- Scott Feldmann of BakerHostetler takes a dive into the Court’s recent ruling granting a FRCP 12(b)(3) motion to dismiss for improper venue in Akurate Dynamics v. Carlisle Fluid Technologies: For a Few Facts More
- Although the Waco Division’s typically fast time to trial has resulted multiple times in the PTAB declining to institute IPR proceedings based on the NHK-Fintiv factors, Matthew Bultman of Bloomberg looks at a recent exception: SK Hynix Wins Agency Review of Netlist Patent Before Texas Trial
- For a defense-oriented perspective on the VLSI-Intel verdict, check out Paul C. Haughey and A. James Isbester of Kilpatrick Townsend as they tackle Intel’s $2.18 Billion Patent Infringement Verdict – How to Avoid it Happening to Your Company
- Britain Eakin of Law360 covers appellate briefing before the Federal Circuit following last October’s jury verdict in MV3 v. Roku: WDTX Jury ‘Left Adrift’ In Roku Patent Win, Fed. Circ. Told (subscription required)
Finally, one more mini-update re: the Waco Division: Earlier today the Federal Circuit issued a short mandamus order in In re: ADTRAN, denying the petition. At issue was ADTRAN’s motion to stay proceedings (most notably Markman briefing) during the period in which the Court was considering ADTRAN’s motion to transfer. The Federal Circuit ruled that ADTRAN had not shown a clear and indisputable legal right to the stay it was seeking, given that “[a]s of … when ADTRAN filed its mandamus petition, the Markman hearing was scheduled several weeks after the venue briefing was to be completed, which plausibly allows time for the court to resolve the venue issues before the Markman hearing, or grant the stay motion and postpone the hearing.” But the Federal Circuit went on to note that “the district court’s failure to promptly act on the stay motion or its delay in ruling on the venue issues once fully briefed might tip the balance in favor of mandamus relief upon reapplication in the future.”
And here’s a sampling of some of the more interesting non-Waco-related stories we saw this week:
- It’s one of the juicier fights over dueling inventors of which we’re aware, involving the recipients of the 2020 Nobel Prize in Chemistry, and multiple worldwide patent jurisdictions. We suggest you take a look this piece by Vincent M. de Grandpré and Felicia Lozon of Osler, Hoskin & Harcourt, as they tackle Making sense of the battle for the CRISPR-Cas9 patent rights
- At IPWatchdog, Curtis Dodd unpacks Judge Gilstrap’s decision in Marshall regarding What the Latest Optis Wireless v. Apple Ruling Means for Patent Infringement Damages for SEPs [Standard-Essential Patents, for the uninitiated]
- Sticking with the SEP theme, Richard Lloyd at IAM takes a look at one particular SSO’s recent actions one that front: IEEE opens review of controversial patent policy (this one’s a couple weeks old, but still interesting)
Hope everyone enjoys their weekend (spring is finally definitively here in Texas), and we’ll see you next week.