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Eric Caligiuri

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Eric Caligiuri advises domestic and international clients through complex intellectual property disputes and transactions. His practice at Weintraub Tobin focuses on intellectual property litigation in federal district courts, California state courts, and before the International Trade Commission (ITC).  Mr. Caligiuri is also admitted to practice before the U.S. Patent and Trademark Office and handles patent and trademark prosecution.  In addition, Mr. Caligiuri counsels clients on data, privacy, and contract related issues.

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In Pierce Manufacturing, Inc., et. al v. E-One, Inc. et. al, 8-18-cv-00617 (MDFL Feb. 16, 2022) (Thomas P. Barber) the Court denied in part plaintiffs’ motion for pre-judgment interest that would have accrued during a stay due to COVID-19. In the case, Defendants were found liable for infringing certain claims in Plaintiffs’ asserted patent and the jury awarded Plaintiffs damages of $1,287,854 in lost profits and $170,500 in reasonable royalties. The parties did not dispute that an award of prejudgment and post-judgment interest was appropriate along with the damages award. Instead, the dispute was to the accrual time, rate, and calculation of prejudgment interest.
Continue Reading District Court Denies Prejudgment Interest Accrued During COVID-19 Delay

In Apple Inc. et al. v. Hirshfeld, case number 5:20-cv-06128, in the U.S. District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court.
Continue Reading District Court Dismisses Challenge to PTAB’s Discretion to Deny Inter Partes Review

In In re: OnePlus Technology (Shenzhen) Co. Ltd., case number 2021-165, the U.S. Court of Appeals for the Federal Circuit validated a possible framework for courts and plaintiffs in patent cases to significantly speed up the process of serving complaints on foreign defendants.
Continue Reading Federal Circuit Allows Easier Foreign Corporation Service Requirements

In Thaler v. Commissioner of Patents, case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection.

The case involved a patent application from Dr. Stephen Thaler, a researcher who runs a Missouri company called Imagination Engines. An artificial intelligence system, which has been described as a device for the autonomous bootstrapping of unified sentience (DABUS), was named as the inventor by Dr. Thaler. DABUS was the inventor of two inventions, a type of improved beverage container and a type of flashing beacon meant to be used in emergencies.
Continue Reading Australian Judge Rules Inventions Developed by Artificial Intelligence Can Qualify for Patent Protection