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The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the “abstention doctrine,” despite the declaratory judgment plaintiff’s insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts’ exclusive purview. Warsaw Orthopedic, Inc., et al. v. Sasso, 977 F.3d 1224 (Fed. Cir. 2020). The decision in Warsaw Orthopedic provides guidance to litigants with claims involving both state and federal issues and attempts to resolve competing Supreme Court standards governing application of the abstention doctrine.
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Looking Ahead to Avoid Spoliation Sanctions
By Daniel J. Melman and Sarah Benowich
A recent Federal Circuit decision denying a petition for a writ of mandamus should serve as a cautionary tale and reminder for corporate entities regarding the critical importance of preserving documentary evidence in a timely and appropriate manner.
USPTO Sets Precedent on Collective Patent Defense Groups with RPX Ruling
By Scott Graham
It took two years and a last-minute substitution of judges for the U.S. Patent and Trademark Office (USPTO) to rule that RPX Corp. was too close to a dues-paying member to bring a patent validity challenge.
By Joshua R. Stein and Jeff Ginsberg
Federal Circuit: Post-Employment Assignment Clause Void Under California Law
Federal Circuit No New Trial for Improper “Pennies on the Dollar” Rhetoric
Unseating Inelegant Notions of Product Design Functionality
By Jonathan E Moskin
In Blumenthal Distributing, Inc. v. Herman Miller, Inc., the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever is functional.
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