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STUDying Investments Patent-by-Patent: Zircon, Corp. v. International Trade Commission

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on satisfying the economic prong of the domestic industry requirement at the International Trade Commission in Zircon...more

K-fee System GMBH v. Nespresso USA, Inc. – The Importance of Context in Claim Construction

The Federal Circuit provided its latest guidance with respect to prosecution disclaimer in K-fee System GMBH v. Nespresso USA, Inc., 2023 WL 8882383, — F.4th — (Fed. Cir. Dec. 26, 2023).  K-fee involved patents covering...more

Foresight in Patent Litigation: How Adherence to Local Rules Can Make or Break a Case

On September 7, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Arendi S.A.R.L v. LG Electronics, Inc., offering an important reminder to patent litigators of the necessity of following the...more

A Word of Caution When Disclosing Confidential Information to A Non-Party Under A Protective Order

In a 2-1 opinion,1 the Federal Circuit recently reversed a decision from the United States District Court for the Western District of Wisconsin finding Defendant Leader Accessories LLC (“Leader”) and its attorney, Mr....more

2021 Year in Review: Noteworthy Precedent for Patent Litigators

As the world marched forward in the face of the lingering covid-19 global pandemic, the Supreme Court and Federal Circuit followed suit, issuing several noteworthy decisions of which patent litigators should be aware in 2022....more

The Effect of Proposed Legislative Reform at the ITC

Last week, for the second time in two years, members of the House of Representatives proposed legislation limiting the ability of certain entities to file complaints for unfair trade practices at the U.S. International Trade...more

Minerva V. Hologic: Assignor Estoppel Doctrine Retained, But Limited

On June 29, 2021, the Supreme Court in a 5-4 decision retained the doctrine of assignor estoppel. However, the Court also held that “the Federal Circuit has applied the doctrine too expansively.” Accordingly, the Supreme...more

Joining Issue: The Federal Circuit Addresses the Interplay Between IPR Estoppel and IPR Joinder

On September 24, 2020 the Federal Circuit issued a decision in Network-1 Tech., Inc. v. Hewlett-Packard Co., in which the Federal Circuit addressed whether statutory estoppel under 35 U.S.C. § 315(e) applies to a party who...more

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