For our weekly SoCal IP Institute meeting on Monday, August 3rd, 2020 we will discuss the following cases:
Fall Line Patents, LLC v. Unified Patents, LLC (CAFC 2020) (Here)
Fall line appealed the PTAB’s decision regarding real party in interest for an IPR proceeding by requesting mandamus review. The Federal Circuit denied to hear the case under mandamus review, said the court, “Accordingly, we decline Fall Line’s invitation to effect legal whiplash and reject the recent holdings of this court in ESIP Series 2 and Arthrex. We conclude, however, that Fall Line did not waive its right to assert an Appointments Clause challenge, and vacate and remand for a new panel of APJs to consider the IPR anew.”
Gensetix, Inc. v. Baylor College of Medicine and William K. Decker, (CAFC 2020)(Here)
Gensetix sued on a patent licensed from UT. Gensetix tried to get UT to participate in the litigation, but UT refused (UT is a state school and thus subject to sovereign immunity). The district court ruled that UT need not participate in the litigation and also dismissed the case. On appeal, the Federal Circuit agreed UT did not have to participate, but reversed regarding the case not moving forward.
We will also discuss a writ or certiorari filed by the US government regarding constitutional appointment of PTAB judges.
All are invited to attend. Due to the Covid-19 situation the meeting will be conducted electronically via zoom. Join us by using this link at 12:00pm PT. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.