Jiaxiao Zhang
Subscribe to Jiaxiao Zhang's PostsJiaxiao Zhang focuses her practice on intellectual property litigation matters. Jiaxiao has experience in federal district court actions in California, Texas, and Florida, and proceedings before the US Patent Trial and Appeal Board (PTAB) of the US Patent and Trademark Office (USPTO). Read Jiaxiao Zhang's full bio.
Can’t Overturn Jury Verdicts Based on Reasonable Inferences, but Broad Injunction Is Nonstarter Even for Willfully Misappropriated Trade Secrets
By Jiaxiao Zhang on Jan 6, 2022
Posted In Trade Secrets
In a rare appellate trade secret opinion, the US Court of Appeals for the Eleventh Circuit affirmed a district court’s denial of a defendant’s request for a new trial on liability and its refusal of the plaintiff’s requested injunction. It also reversed in part the district court’s denial of judgment as a matter of law...
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No More Bites at the Apple: Imminent and Non-Speculative Standing Still Required
By Jiaxiao Zhang on Nov 18, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit reiterated that a patent challenger did not have Article III appellate standing to obtain review of a final Patent Trial & Appeal Board (PTAB) ruling because the underlying district court proceedings had been dismissed with prejudice after the parties reached a settlement and license agreement. Apple...
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Update: Absent Explicit Statutory Language? The American Rule Still Applies
By Jiaxiao Zhang on Oct 21, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit updated its earlier opinion to remove language ascribing motive to a prolific inventor’s actions before the US Patent & Trademark Office (PTO). Hyatt v. Hirshfeld, Case Nos. 020-2321; -2325 (Fed. Cir. Aug. 18, 2021) (modified Oct. 12, 2021) (Hughes, J.) The original opinion noted that Gilbert...
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Bascom Cannot Save Your Claims if Your Own Patent Says You Used Known Technology
By Jiaxiao Zhang on Sep 9, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court determination that claims of several patents were patent ineligible under 35 U.S.C. § 101 because they did not recite an innovation with sufficient specificity to constitute an improvement to computer functionality. Universal Secure Registry LLC v. Apple Inc., Case No. 20-2044 (Fed....
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Absent Explicit Statutory Language? The American Rule Still Applies
By Jiaxiao Zhang on Sep 2, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated a district court’s award of attorney’s fees under the prevailing party rule but affirmed the district court’s denial of the US Patent & Trademark Office’s (PTO) request for expert witness fees under 35 U.S.C. § 145. Hyatt v. Hirshfeld, Case Nos. 20-2321;–2325 (Fed. Cir. Aug....
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Without More, Mere Automation is Abstract—Not Construing Interchangeable Terms Doesn’t Give Them the Cold Shoulder
By Jiaxiao Zhang on Aug 19, 2021
Posted In Patents
In the latest development relating to patent eligibility of content-based identifier patents, the US Court of Appeals for the Federal Circuit affirmed decisions finding patent claims ineligible under 35 U.S.C. § 101. PersonalWeb Techs. LLC v. Google LLC, YouTube, LLC, Case No. 20-1543 (Fed. Cir. Aug. 12, 2021) (Prost, J.) (consolidating PersonalWeb Techs. LLC v....
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As Due Process Recognizes, it’s Hard to Shoot at a Moving Claim Construction Target
By Jiaxiao Zhang on Aug 5, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated several Patent Trial & Appeal Board (PTAB) decisions as violating due process and the Administrative Procedure Act (APA), referencing the parties’ inability to respond to the PTAB’s sua sponte construction of a term on which the parties had previously agreed. Qualcomm Inc. v. Intel Corp.,...
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What You Say Can and Will be Used Against You – Prosecution History and Prior Infringement Arguments
By Jiaxiao Zhang on Jun 10, 2021
Posted In Patents
Noting patent owner’s prior litigation statements, the US Court of Appeals for the Federal Circuit upheld a district court ruling that a clear and unmistakable disclaimer in the prosecution history affected claim construction of an asserted patent. SpeedTrack, Inc. v. Amazon.com, Inc., Case No. 20-1573 (Fed. Cir. June 3, 2021) (Prost, J.) In 2009, SpeedTrack...
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Navigating the Interplay Between the ITC, PTAB and District Courts
By Jiaxiao Zhang on Jun 3, 2021
Posted In Patents
Recent changes in intellectual property law in the US International Trade Commission (ITC), the Patent Trial and Appeal Board (PTAB) and federal US District Courts have had major impacts on litigation strategy and business operations. Within these venues, key changes often run parallel to each other, and understanding and maximizing the interplay between them is...
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PTO Rules Not Subject to the Paperwork Reduction Act
By Jiaxiao Zhang on May 27, 2021
Posted In Patents
The US Court of Appeals for the Ninth Circuit concluded that certain challenged rules of the US Patent and Trademark Office (PTO) that relate to the patent application process do not violate the Paperwork Reduction Act (PRA) because each called for a response to an individualized communication; a category which is expressly exempted from the...
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