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On February 8, the Federal Circuit held that a forum selection clause in a nondisclosure agreement (“NDA”) forfeited the parties’ right to file petitions for inter partes review (“IPR”) to challenge the validity of patents at the United States Patent & Trademark Office (“USPTO”).

V&E IP Update

February 9, 2022
Insight
Insight

On April 6, 2021, the Western District of Texas ordered that preliminary injunction relief was appropriate to prevent irreparable harm to the plaintiff due to the defendant’s “discovery abuse and related misconduct.”

V&E IP Update

April 9, 2021
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Insight

On March 9, 2021, the Federal Circuit affirmed several inter partes review (IPR) decisions of the Patent Trial and Appeal Board (PTAB) related to the estoppel provision 35 U.S.C. § 315(e)(1).

V&E IP Insights

March 11, 2021
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Insight

On February 11, 2021, the Federal Circuit issued an opinion that suggests that inventions in fields where outcomes are unpredictable, such as biotechnology and chemistry, are more likely to lack enablement if they contain functional limitations.

V&E IP Update

February 17, 2021
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Insight

On February 10, 2021, the Federal Circuit held that the term “computer” was indefinite because the prosecution history included arguments distinguishing prior art references that relied on conflicting understandings of the term. Infinity Computer Prods., Inc. v. Oki Data Am., Inc., No. 2020-1189 (Fed. Cir. Feb. 10, 2021).

V&E IP Update

February 12, 2021
V&E+
V&E+

As one of the top former prosecutors in the country, Zachary Terwilliger has an intimate understanding of how to get clients out of the government’s crosshairs. He’ll counsel companies on how to avoid problems before they start; help clients identify existing problems and determine whether remediation is necessary; and zealously represent clients who are the…

February 9, 2021
V&E+
V&E+

It was a moment that many had been anticipating for years, yet the latest crop of V&E partners didn’t fete their promotions with parties and champagne. Instead they fielded congratulatory phone calls, took part in virtual coffee breaks and held small celebrations at home with their families. But pandemic-related complications notwithstanding, the new partners —…

December 16, 2020
V&E+
V&E+

Memes, funny videos and entertaining dance routines are often what go viral on social media these days … but earlier this year, it was a warning about social media that became the talk — or should we say Tok — of the internet. Sharing on the social news platform Reddit in April, someone known only…

October 22, 2020
V&E+
V&E+

It was cause for celebration for Vinson & Elkins partners Matt Stammel and Jim Thompson. On July 1, 2020, after a six-day trial, Judge Marvin Isgur of the Southern District of Texas Bankruptcy Court handed a complete victory to V&E client Gavilan Resources. Judge Isgur even took the unusual step of reading his lengthy opinion…

September 11, 2020
V&E+
V&E+

What might happen if China or Russia attacked the nation’s electricity grid? The answer to that question is at the heart of an executive order issued by President Trump on May 1. Foreign adversaries are increasingly looking for ways to exploit weaknesses in the country’s bulk-power system (“BPS”) – the large interconnected electrical system that…

August 14, 2020
V&E+
V&E+

It wasn’t just another day in court for Pat Mizell. On August 1, 2019, the V&E partner stood before U.S. District Judge Lee Yeakel in a courtroom in Austin, Texas. Attorneys Tony McDonald, Josh Hammer and Mark Pulliam had sued Mizell’s client, the State Bar of Texas, claiming it is unconstitutional for an attorney to…

August 5, 2020
Insight
Insight

On July 22, 2020, the Federal Circuit ruled that the Patent Trial & Appeal Board (“PTAB”) was not limited in its review of substitute claims in an inter partes review (“IPR”), and therefore could reject such claims as not patent-eligible under § 101. Uniloc 2017 LLC v. Hulu, LLC, No. 2019-1686 (Fed. Cir. Jul. 22, 2020).

V&E IP Update

July 24, 2020