For this week’s link roundup, we’ll first share a couple other perspectives on Judge Albright’s most recent updates to his Order Governing Proceedings (v3.2):
- From the Winston & Strawn WacoWatch blog: Judge Albright’s Latest Changes to His Order Governing Procedures
- From Naman Howell’s Waco Patent Litigation Updates blog: OGP Version 3.2
- Also, see Naman Howell’s writeup regarding how the Court has apparently made OGP v3.2 retroactive for all cases for which the deadline for initial claim construction briefs was at least one week away: Standing Order – Retroactivity of Revised OGP. For an example case in which a retroactive OGP v3.2 was entered, see Theta IP, LLC v. Samsung Elecs. Co., No. 6:20cv160, ECF No. 33 (Nov. 9, 2020).
Let’s also look at some other takes on the Federal Circuit’s In re Apple mandamus order, of varying rhetorical spiciness:
- From Scott Graham at Law.com (subscription required): Split Federal Circuit Orders Albright to Send Patent Case Against Apple to California
- From Perry Cooper at Bloomberg Law: Apple Convinces Fed. Cir. to Kick Patent Suit Out of Texas
- From Patently-O: Federal Circuit Usurps Judge Albright’s Judicial Power
- From IPWatchdog: Federal Circuit Grants Apple Petition for Writ of Mandamus to Transfer Uniloc Suit
- And again from Winston & Strawn’s WacoWatch blog: CAFC Issues Writ of Mandamus Directing Judge Albright to Transfer Apple’s Case to NDCA
And finally, some other IP-related links for your weekend-reading pleasure:
- After several successfully-completed trials during the time of COVID-19, there was finally one where the coronavirus disrupted proceedings: EDTX Trial Suspended After Juror, Attorney Get COVID-19 (Law360; subscription requirement waived for pandemic-related coverage)
- Akkad Y. Moussa of Kilpatrick Townsend examines the PTAB’s Legal Experience and Advancement Program (LEAP), designed to provide incentives for parties to allow more junior attorneys opportunities for oral argument: Reflections on the USPTO’s LEAP
- And in news of a type of patent litigation not often (or ever?) seen in the Waco Division, Perry Cooper of Bloomberg Law addresses the Federal Circuit’s recent Valeant v. Mylan decision, clarifying that a patent suit under the Hatch-Waxman Act relating to a generic pharmaceutical company’s filing of an Abbreviated New Drug Application can be filed “only in districts where actions related to the ANDA submission occur”: Drug Patent Owners Face New Venue Hurdle in Anti-Generic Cases
Disclaimer: We share these links because we think they’re worth reading. Our doing so does not necessarily imply that we endorse any of the viewpoints expressed by the authors (unless we’re the authors).