Recent Articles

Patent Litigation Statisitics in Washington State 2008

Mark P. Walters
January 02, 2009 07:03

Looking back on another year of patent litigation in Washington State, 2008 started out with a bang but fizzled to end the year down about 15% from last year , with just 42 cases through December. Washington had more patent cases this year than its neighboring states, Oregon (19); Idaho (3); and...

Federal Circuit Grants Mandamus, Transfers Case Out of E.D. of Texas

Mark P. Walters
December 29, 2008 18:38

It was bound to happen sooner or later. Initiating patent litigation in East Texas--and keeping it there--just got a littler harder. Today, the CAFC granted an extraordinary writ of mandamus filed by TS Tech. USA Corporation, transferring a patent case out of the E.D. of Texas that was filed by...

Chef'n Can't Halt Sales of Trudeau's Vegetable Steamer

Mark P. Walters
December 17, 2008 17:23

In a case testing the scope of a design patent after the Federal Circuit's en banc decision in Egyptian Goddess v. Swisa, local food-appliance innovator, Chef'n Corporation, was recently unsuccessful in obtaining a preliminary injunction against competitor, Trudeau Corporation of Boucherville,...

Local Rule Changes USDC WDWA

Mark P. Walters
December 15, 2008 21:40

As many of you already know, substantial changes to the local rules have been approved and will become effective January 1, 2009. In addition to these changes in local rules, which apply to everyone practicing in the WDWA, the district has adopted Supplemental Patent Rules that apply in all patent...

NVIDIA Settles Patent Dispute with Implicit Networks

Mark P. Walters
December 10, 2008 23:31

Santa Clara-based NVIDIA Corporation, manufacturer of graphics-processor technologies for workstations, desktop computers, and mobile devices, settled a patent dispute today with Implicit Networks. Implicit is a small, Seattle-based company involved in computer software and licensing. Implicit...

Western District Adopts Supplemental Patent Rules

Mark P. Walters
December 05, 2008 22:58

From the Court's ECF system today: Please be advised that the court has adopted changes to its local general and civil rules. The court has also adopted supplemental patent rules. These changes to the local rules, as well as the supplemental patent rules, will take effect at 12:01 a.m. on...

Local Tooth Brush Maker Loses Motion for Preliminary Injunction

Mark P. Walters
November 26, 2008 16:38

Apparently tooth brushes with rigid handles are a big problem for correctional facilities. Inmates routinely sharpen them into weapons to be used to stab and slash fellow inmates. Loops, LLC, solved this problem by developing a flexible toothbrush. (law professors take note, people are still...

FTC to Hold Public Hearings on IP

Mark P. Walters
November 12, 2008 15:46

The Federal Trade Commission will hold a series of public hearings beginning on December 5 "to explore the evolving market for intellectual property." The FTC conducted a series of 24 hearings in 2002-03, leading up to its October, 2003 Report, "To Promote Innovation: The Proper Balance of...

In Re Bilski Decided

Mark P. Walters
November 01, 2008 17:06

As many of you already know, the CAFC decided In Re Bilski this week. Some, including the PLI, claim that the decision spells the end of software patents. I completely disagree. In fact, the majority addressed the continued patentability of software specifically: "although invited to do so by...

ZymoGenetics Settles Patent Spat with Bristol-Myers

Mark P. Walters
October 30, 2008 00:25

This week in Seattle Biotech news, it was the best of times and the worst of times for ZymoGenetics (ZGEN). On Thursday last week, filings from the SEC reported that it had reached a settlement with Bristol-Myers Squibb Co. over a patent infringement suit concerning the rheumatoid arthritis drug,...