Here’s the latest.

Dropbox Data Patent Cancellations Affirmed by Federal Circuit

Reported by Blake Brittain on

On Friday, the Federal Circuit affirmed that three Dropbox Inc. patents related to data transfer and storage are invalid. Dropbox sued Synchronoss for infringing these three patents, but the court found they all covered abstract ideas implemented using conventional computer technology.

For more on this case, see our coverage.

Who’s on First? Personal Jurisdiction and the First-to-File Rule

Reported by Dennis Crouch on

Wapp Tech sued a UK software company, Micro Focus plc (MF PLC), in Texas for infringing several of its patents. MF PLC moved for dismissal in the Texas case for lack of personal jurisdiction while also filing a declaratory judgment in Delaware through its US subsidiaries (MF PLC and SpinCo). Wapp amended its complaint, thus continuing the case in Texas and leaving the Delaware case pending. SpinCo then petitioned the Federal Circuit for mandamus which focused on the “first-to-file rule” arguing that a case should remain in the court that first had proper jurisdiction, and that the Texas court did not have proper jurisdiction until 2019. The Federal Circuit denied mandamus because there was no clear authority compelling such action. It appears the case will stay in E.D. of Texas. Crouch further explains:

A writ of mandamus is going to be required in order to get an appellate decision, and the court here holds that no mandamus will be granted without there first being an appellate decision.  This type of prudential venue question is not appealable after final judgment — Any harm caused by an error is already done and will be a moot point by the time final judgment is reached in the case.

For more on this case, see our coverage.

Federal Circuit Announces Adoption of Proposed Amendments to Its Rules of Practice

Reported on

Following a period of public comment, the Federal Circuit announced that it has adopted amendments to the Federal Circuit Rules of Practice, the Federal Circuit Attorney Discipline rules and added one new rule. These amendments take effect July 1, 2020 and will apply to all cases filed or pending on or after July 1.

The Clerk’s Office will issue a final version of the Federal Circuit rules of Practice on June 30, 2020.

For more information, see our coverage.