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Keith O'Doherty

Posts by Keith O'Doherty

US: Authorized automobile dealerships drive discussion on patent venue in the Eastern District of Texas

In May 2017, the Supreme Court tightened the rule for venue over domestic defendants in patent infringement cases finding that, under 28 U.S.C. § 1400(b), venue is proper only “in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” TC Heartland

U.S. Patent Legislation: The STRONGER Patents Act of 2017

In June, three democratic senators (Chris Coons from Delaware, Dick Durbin from Illinois, and Mazie Hirono from Hawaii) and one republican senator (Tom Cotton from Arkansas) introduced the “STRONGER Patents Act of 2017.” One of the motivations for the bill appears to be that the U.S. Chamber of Commerce recently ranked the U.S. patent system

Show me the Money: New rules in Northern California call for early disclosure of damages in Patent Litigation

Recently, the District Court for the Northern District of California updated is Local Patent Rules.  Early disclosure of financial information regarding damages is one change that has attracted some attention.  Below, I outline the new rules and briefly explore their potential impact. Initial damages estimate and damages contentions added to the rules During the initial

U.S. – Claim construction at the PTAB is under review

Claim construction is at the heart of nearly every patent litigation and the new post-grant procedures at the U.S.P.T.O. are no different.  The claim construction standard used by the Patent Trial and Appeal Board (“PTAB”) at the PTO during an inter partes review (“IPR”) is currently being challenged before the United States Court of Appeals