Tag Archives: Apple

Deference to District Courts: Federal Circuit’s New Approach to Venue Transfer Petitions

August 21, 2024PatentApple, Federal Circuit, mandamus, paid, patent litigation, Section 1404(a), Venue, Western District of TexasDennis Crouch

by Dennis Crouch

In a recent order, the Federal Circuit denied Apple's petition for a writ of mandamus seeking yet again to transfer a patent infringement case from the Western District of Texas (Judge Albright) to the Northern District of California. In re Apple Inc., 24-129 (Fed. Cir. 2024).

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Texas Startup Must Litigate Apple in California because of Convenience to the Tech Giant

June 26, 2024PatentApple, contributory infringement, convenience factors, Federal Circuit, Gesture Control Technology, mandamus, Northern District of California, paid, patent litigation, Pleading standards, Section 1404 Transfer, Smartphone Patents, transfer venue, Venue, Venue Transfer, Western District of TexasDennis Crouch

by Dennis Crouch

The Federal Circuit recently denied a petition for mandamus seeking to overturn a district court order transferring a patent case from the Western District of Texas to the Northern District of California. In re Haptic, Inc., No. 2024-121 (Fed. Cir. June 25, 2024). This case was filed in Austin and assigned to Judge Robert Pittman with Haptic alleging that Apple's "Back Tap" feature on iPhones infringes U.S. Patent No. 9,996,738 relating to gesture detection systems. Haptic is headquartered in Austin at the home of its longtime CEO and listed inventor Jake Boshernitzan. The company was part of Techstars Austin Accelerator as it developed its product known as Knocki that allows users to tap on ordinary surfaces to control various actions on phones and other devices. Knock on wood. The patent and Knocki product are designed to expand touch interfaces beyond traditional touchscreens, potentially opening up new modes of interaction with smart devices and appliances. The '738 patent particularly issue covers systems and methods for detecting tapping or knocking gestures on surfaces to control electronic devices.

Apple also has a major presence in Austin, with about 10,000 Austin employees and a billion-dollar second headquarters campus in the city. Nevertheless, Judge Pitman

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Sitting By Designation, Judge Albright Pens First Federal Circuit Opinion Vacating PTAB Decision for Failing to Consider Petitioner’s Reply Brief Claim Construction Arguments

June 24, 2024PatentApple, Axonics v. Medtronic, Claim Construction, Federal Circuit, inter partes review, IPR, Judge Alan D. Albright, obviousness, Omni MedSci, paid, patent law, PTAB, reply brief, sandbagging, wearable devicesDennis Crouch

by Dennis Crouch

The Federal Circuit's 2023 decision in Axonics, Inc. v. Medtronic, Inc. marked an important change in inter partes review procedure, ensuring petitioners have an opportunity to respond patentee's newly proposed arguments, with the hope of discouraging patent owners from holding-back ("sandbagging") at the institution stage. Case-in-point is the Federal Circuit's recent Apple v. Omni MedSci decision authored by Judge Alan D. Albright sitting by designation.

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