MERCK SERONO S.A. v. HOPEWELL PHARMA VENTURES, INC. - Before Hughes, Linn, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: An earlier reference is available as prior art “by another” unless it...more
Standing or Guesswork? A Speculative Risk of Patent Cancellation is Insufficient for Standing - US INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE Before Lourie, Reyna, and Stark. Appeal from the United States...more
APEX BANK v. CC SERVE CORP. - Before: Hughes, Moore, and Cunningham. Appeal from the Trademark Trial and Appeal Board (the “Board”). The Board erred by excluding evidence of marks used for similar services and restricting...more
On October 1, 2025, the federal government entered a shutdown, and the impact on the IP space is uncertain. While the USPTO and Federal Circuit remain operational for now, proceedings before the ITC are paused, affecting...more
10/7/2025
/ Appeals ,
CAFC ,
Corporate Counsel ,
Enforcement Actions ,
Government Shutdown ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Applications ,
Section 337 ,
USPTO
FMC Corp. v. Sharda USA, LLC - Before Moore, Chen, and Barnett. Appeal from the Eastern District of Pennsylvania. The district court erred by construing a claim term based on disclosures made in a provisional application and...more
SHOCKWAVE MED., INC., V. CARDIOVASCULAR SYS., INC. - Before Lourie, Dyk, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2019-00405. In inter partes review...more
[MITEK SYSTEMS, INC., v. UNITED SERVICES AUTOMOBILE ASSOCIATION [OPINION]] - Before Taranto, Schall, and Chen. Appeal from the United States District Court for the Eastern District of Texas. The plaintiff could not seek...more
ECOFACTOR, INC. V. GOOGLE LLC - Before the en banc court, Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark. Appeal from the United States District Court for the Western District of Texas. A district...more
United Services Automobile Association v. PNC BANK N.A., - Before Dyk, Clevenger, and Hughes. Appeal from the United States District Court for the Eastern District of Texas. A claim that merely recites a system for conducting...more
Report summary -Knobbe Martens' inaugural Federal Circuit Year in Review report offers a comprehensive overview of the most significant Federal Circuit rulings of 2024 and how they could shape IP law in the years ahead....more
IN RE: STINGRAY IP SOLUTIONS, LLC -
Before Lourie, Taranto, and Stark. Appeal from the United States District Court for the Eastern District of Texas.
Summary: A defendant’s post-suit, unilateral consent to suit in...more
In Re Google LLC -
Before: Moore, Lourie, and Prost. Appeal from the Patent Trial and Appeal Board.
Summary: The PTO’s arguments on appeal did not reflect the record below....more
ABC CORPORATION I V. THE PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS -
Before Dyk, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. -
Summary: Time’s up! The...more
ABC CORPORATION I v. PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS -
Before Dyk, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois.
Summary: Failure to provide...more
POLARIS INNOVATIONS LIMITED v. BRENT -
Before Prost, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board -
Summary: Affirming the Board’s decision not to terminate case remanded under Arthrex I and upholding...more
Summary: Section 101 jurisprudence is still sound post-Dobbs. ...more
NOVARTIS PHARMACEUTICALS CORP. V. HEC PHARM CO., LTD.
Before Moore, Hughes, and Linn (dissenting). Appeal from the United States District Court for the District of Delaware.
Summary: Silence regarding the presence or...more
GOOGLE LLC v. IPA TECHNOLOGIES INC.
Before Dyk, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: For purposes of determining whether a reference was prior art, the Board has an obligation...more
GENUINE ENABLING TECHNOLOGY LLC V. NINTENDO CO., LTD -
Before Newman, Reyna, and Stoll. Appeal from the Western District of
Washington.
Summary: A finding of prosecution disclaimer must be supported by an unambiguous...more
In Re VOX POPULI REGISTRY LTD.
Before Lourie, Dyk, and Stoll, Circuit Judges. Appeal from the Trademark Trial and Appeal Board.
Summary: Stylizing an otherwise generic character mark using ubiquitous lettering does...more
BROOKLYN BREWERY CORPORATION V. BROOKLYN BREW SHOP, LLC -
Before Judges Dyk, O’Malley, and Hughes. Appeal from the Trademark Trial and Appeal Board.
Summary: A challenger must demonstrate an injury in fact to have...more
10/28/2021
/ Acquiescence ,
Acquired Distinctiveness ,
Article III ,
Breweries ,
Defense Strategies ,
Geographically Descriptive ,
Injury-in-Fact ,
Intellectual Property Protection ,
Laches ,
Likelihood of Confusion ,
Merely Descriptive ,
Remand ,
Standing ,
Trademark Application ,
Trademark Cancellation ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
HYATT v. HIRSHFELD -
Before Moore, Reyna, and Hughes. Appeals from the United States District Court for the District of Columbia....more
BOT M8 LLC v. SONY CORPORATION OF AMERICA -
Before Dyk, Linn, and O’Malley. Appeal from the United States District Court for the Northern District of California -
Summary: The district court’s conclusion that...more
RAYTHEON TECHNOLOGIES V GENERAL ELECTRIC -
Before Lourie, Chen, and Hughes.
Summary: Unrebutted evidence of non-enablement is sufficient to overcome an invalidity challenge based on a standalone §103 reference....more
UNILOC 2017 LLC v. FACEBOOK INC.
Before Lourie, Wallach, and Chen. Appeal from the Patent Trial and Appeal Board.
Summary: 35 U.S.C. § 314(d) does not preclude Federal Circuit review of the Patent Trial and Appeal...more