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Intellectual Property Litigation: Federal Circuit To Decide Constitutionality Of ‘Bad Faith’ Patent Litigation Statutes
July 10, 2024
Litigation partners Catherine Nyarady and Crystal Parker’s latest intellectual property litigation column, “Federal Circuit To Decide Constitutionality Of ‘Bad Faith’ Patent Litigation Statutes,” appeared in the July 10 issue of the New York Law Journal. The authors discuss a recent decision in Katana Silicon Technologies v. Micron Technology and Micron Technology v. Longhorn IP, in which the U.S. District Court for the District of Idaho imposed the first-ever bond order under the state’s Bad Faith Assertions of Patent Infringement Act. This prompted an appeal to the Federal Circuit, in which the panel will consider Katana and Longhorn’s preemption challenge to the act and its bond provision. Currently, more than 30 states have statutes targeting bad faith patent litigation, the constitutionality of which has gone largely unchallenged. While oral argument has not yet been scheduled, the Federal Circuit’s eventual decision may have a substantial impact throughout the country on other, similar state laws governing bad-faith assertion of patent infringement claims.
Litigation associate Scott Caravello and summer associate Ancheng Da assisted in the preparation of this column.
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