Author Archives: Andrew Choung

Much is lamented about the burden and costs that nuisance patent litigation imposes. Recently, with the Supreme Court agreeing to hear a case on restricting patent litigation venue, the problems of forum shopping by NPEs have come back into the … Continue reading

Posted in Patent Litigation | Tagged , , | Comments Off on Strategies Against Nuisance Patent Suits – Utilizing California Civil Procedure Code 1030

On March 9, 2016, in Charge Injection Technologies, Inc. v. E.I. Dupont De Nemours & Company, C.A. No. 07C-12-134-JRL, the Superior Court of the State of Delaware issued a decision on a motion to dismiss for violating state champerty and … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , , , , | Comments Off on Litigation Financing Is Not Champerty: Delaware Confirms That Litigation Financing Is Here To Stay

On June 20, 2016, the Supreme Court issued its decision in Cuozzo Speed Technologies, LLC v. Lee.  One of the questions presented to the Court was the appropriate claim construction standard for inter partes review (IPR).  The fundamental dispute, as … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , , , , , , | Comments Off on The Cuozzo Conundrum: Prosecution History Estoppel Remains An Open Issue

Although the Supreme Court’s decision in Alice Corp. v. CLS Bank International has been hailed by some as an important development in the efforts to curb abusive patent litigation by non-practicing entities, others have raised concerns about unintended effects.  For … Continue reading

Posted in Patent Litigation, PTAB | Tagged , , , , , , , , , | Comments Off on Will 101 lead to mutually assured destruction?

It’s been nearly half a year since the Supreme Court, in Octane Fitness, ostensibly lowered the standard for finding a patent case to be exceptional for purposes of fee-shifting.  At the time, Octane generated much commentary and speculation, with some … Continue reading

Posted in Patent Litigation | Tagged , , , , , | Comments Off on Half a year since Octane

Glaser Weil’s Intellectual Property group presented this year at the annual US-Korea Law Day, along with other firms and experts specializing in the field of international law in Asia. The event was hosted by US-Korea Law Foundation and supported by … Continue reading

Posted in Patent Litigation | Comments Off on Foreign Privilege Issues in U.S. Patent Litigation with Focus on Korea

By now, most patent practitioners are quite familiar with the post-grant patent proceedings (e.g., IPR, PGR, CBM) newly established by the AIA, and their key features, such as the stay and estoppel provisions.  Numerous courts have addressed the issue of … Continue reading

Posted in Intellectual Property, Patent Litigation, PTAB | Tagged , , , , , , , , , , , , , | Comments Off on Estoppel effects of post-grant patent proceedings under the AIA.

One of the solutions proposed to curb perceived patent litigation abuse is to heighten the pleading standards. The idea being that higher pleading standards would enable defendants to seek early dismissal of complaints at the pleading stage. The assumption being … Continue reading

Posted in Patent Litigation | Tagged | Comments Off on Will Heightened Pleading Standards Curb Patent Litigation Abuse?