In Ollnova Technologies Ltd. v. ecobee Technologies ULC, the Federal Circuit handed Ollnova a string of doctrinal wins — three of its four patents cleared the patent eligibility hurdle under 35 U.S.C. § 101 — only to throw...more
6/10/2026
/ Alice/Mayo ,
Appeals ,
Appellate Courts ,
CAFC ,
Damages ,
Intellectual Property Litigation ,
Jury Trial ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101
On June 2, 2026, the Federal Circuit issued a precedential decision in AGI SureTrack LLC v. Farmers Edge Inc. that delivered a split result — and a reminder that winning a patent case is not the same thing as collecting fees...more
6/8/2026
/ 35 U.S.C. § 285 ,
Alice/Mayo ,
Appeals ,
Appellate Courts ,
CAFC ,
Exceptional Case ,
Litigation Fees & Costs ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Remand ,
Section 101 ,
Section 285 ,
Summary Judgment ,
Vacated
In mCom IP, LLC v. City National Bank of Florida, the Federal Circuit reversed an award of attorneys’ fees under 35 U.S.C. § 285 against the patent owner and sanctions under 28 U.S.C. § 1927 against its counsel, holding that...more
5/22/2026
/ 35 U.S.C. § 285 ,
Appeals ,
Appellate Courts ,
Attorney Misconduct ,
Attorney's Fees ,
CAFC ,
Fee-Shifting ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Litigation Strategies ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents
Last week in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., the Federal Circuit delivered generic drug maker Mylan Pharmaceuticals Inc. with a notable victory when it affirmed the district court’s judgment that...more
Earlier this week in Bissell, Inc. v. International Trade Commission, the Federal Circuit affirmed the ITC’s determination that Tineco’s original wet/dry surface cleaning devices infringed Bissell’s patents and were properly...more
5/14/2026
/ Appeals ,
Claim Construction ,
Doctrine of Equivalents ,
Evidence ,
Expert Testimony ,
Expert Witness ,
International Trade Commission (ITC) ,
Litigation Strategies ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Standard of Review ,
Substantial Evidence
In a recent precedential decision from the Federal Circuit, the appellate court explained that words of approximation like “about” are not inherently definite or indefinite — but when a patentee fails to provide sufficient...more
5/7/2026
/ Ambiguous ,
CAFC ,
Claim Construction ,
Indefiniteness ,
Intellectual Property Litigation ,
Intrinsic Evidence ,
Patent Invalidity ,
Patent Litigation ,
Patent Prosecution ,
Patents ,
Precedential Opinion ,
Prior Art ,
Section 112
In a significant decision for telecommunications patent law, a panel of the Federal Circuit issued a mixed ruling in Constellation Designs, LLC v. LG Electronics Inc, vacating a summary judgment of patent eligibility for...more
4/29/2026
/ Alice/Mayo ,
Appeals ,
CAFC ,
Damages ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Summary Judgment ,
Telecommunications ,
Willful Infringement
A pending Federal Circuit decision may force licensing counsel to rethink one of the most routine provisions in patent settlement agreements — the licensee’s denial of infringement....more
4/23/2026
/ Appeals ,
CAFC ,
Contract Drafting ,
Contract Terms ,
Dispute Resolution ,
IP License ,
License Agreements ,
Non-Practicing Entities ,
Patent Infringement ,
Patent Litigation ,
Patent Marking ,
Patents ,
Settlement Agreements ,
Statutory Interpretation
The Federal Circuit’s recent decision in Canatex Completion Solutions, Inc. v. Wellmatics, LLC is a good example of the courts’ ability to correct obvious errors in patent claims through claim construction....more
11/17/2025
/ Appeals ,
Appellate Courts ,
CAFC ,
Claim Construction ,
Corrections ,
Functional Claim Language ,
Indefiniteness ,
Intellectual Property Litigation ,
Obviousness ,
Oil & Gas ,
Patent Invalidity ,
Patent Litigation ,
Patent Validity ,
Patents ,
Reversal ,
USPTO
In a pair of recently issued companion decisions, the Federal Circuit awarded Causam Enterprises, Inc. a victory on patent ownership (Causam v. ITC (ITC appeal)) only to pull the rug out from under the company by declaring...more
The Federal Circuit’s recent decision in Apex Bank v. CC Serve Corp. serves as a pointed reminder to the Trademark Trial and Appeal Board (TTAB) that it must maintain consistency across its DuPont factor analysis. While the...more
9/29/2025
/ Appeals ,
CAFC ,
Intellectual Property Litigation ,
Lanham Act ,
Likelihood of Confusion ,
Trademark Application ,
Trademark Litigation ,
Trademark Opposition Proceedings ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Vacated
The Federal Circuit’s recent decision in Future Link Systems, LLC v. Realtek Semiconductor Corporation offers important guidance on what it means to be a “prevailing party” and the standards for awarding attorney fees, costs,...more
9/18/2025
/ Appeals ,
Appellate Courts ,
Attorney's Fees ,
CAFC ,
Dismissals ,
Federal Rules of Civil Procedure ,
Intellectual Property Litigation ,
Patent Infringement ,
Patent Litigation ,
Prevailing Party ,
Remand ,
Sanctions ,
Section 285
The Federal Circuit’s recent decision in Google LLC v. Sonos, Inc. (24-1097) offers a compelling look at the evolving doctrine of prosecution laches, the written description requirement, and the practical realities of patent...more
9/5/2025
/ Appeals ,
Appellate Courts ,
CAFC ,
Disclosure Requirements ,
Google ,
Intellectual Property Litigation ,
Laches ,
Patent Applications ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Prosecution ,
Patents ,
Technology Sector ,
Written Descriptions
The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain...more
9/4/2025
/ Administrative Procedure Act ,
Appeals ,
Appellate Courts ,
Arbitrary and Capricious ,
CAFC ,
Corporate Counsel ,
First Amendment ,
Intellectual Property Protection ,
Lanham Act ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
The Federal Circuit recently issued a significant decision in the ongoing patent litigation between Laboratory Corporation of America Holdings (Labcorp) and Qiagen Sciences, LLC, reversing a Delaware district court’s judgment...more
8/25/2025
/ Appeals ,
Appellate Courts ,
CAFC ,
Claim Construction ,
Damages ,
Doctrine of Equivalents ,
Motion for JMOL ,
Noninfringement ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand ,
Vacated
In a significant blow to Apple, the Federal Circuit recently vacated a summary judgment of noninfringement in the case of Taction Technology, Inc. v. Apple Inc. The dispute centers on Taction’s U.S. Patent Nos. 10,659,885 and...more
8/22/2025
/ Appeals ,
Appellate Courts ,
CAFC ,
Claim Construction ,
Corporate Counsel ,
Doctrine of Prosecution Disclaimer ,
Expert Testimony ,
Noninfringement ,
Patent Infringement ,
Patent Litigation ,
Remand ,
Reversal ,
Summary Judgment ,
Vacated
In a significant decision for patent law and the fitness equipment industry, a panel of the Federal Circuit reversed a partial dismissal of PowerBlock Holdings, Inc.’s patent infringement claims brought against iFit, Inc. in...more
In Realtek Semiconductor Corporation v. ITC (23-1187), the Federal Circuit concluded that it lacked jurisdiction to decide whether the International Trade Commission (ITC) correctly denied Realtek’s motion for sanctions...more
Recently, the Federal Circuit vacated both the infringement and damages judgments against Apple in a patent case that involves standard-essential patents (SEPs) related to Long-Term Evolution (LTE) technology brought in the...more
6/24/2025
/ Alice/Mayo ,
Appeals ,
CAFC ,
Damages ,
FRAND ,
Jury Trial ,
Patent Infringement ,
Patent Litigation ,
Section 101 ,
Settlement Agreements ,
Standard Essential Patents
Late last week in Natera, Inc. v. NeoGenomics Laboratories, Inc. (24-1324), the Federal Circuit affirmed a preliminary injunction ruling from the lower court that mostly prohibits NeoGenomics from selling its oncology test...more
There have been only a few precedential decisions from the Federal Circuit related to obviousness since spring sprung. While these decisions have produced mixed results for the lower courts, clinical study protocols have held...more
5/2/2024
/ Apotex ,
Clinical Trials ,
Inventions ,
Janssen Pharmaceuticals ,
Motivation to Combine ,
Obviousness ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Remand ,
Reversal ,
SCOTUS ,
Teva Pharmaceuticals
Last week in Luv n’ Care, Ltd. v. Laurain, the Federal Circuit put the lower court in time out and probably made Eazy-PZ, LLC (EZPZ) cry just a little bit harder. In this precedential decision involving U.S. Patent No....more
4/18/2024
/ Appeals ,
Attorney's Fees ,
Inequitable Conduct ,
Intellectual Property Protection ,
Inventions ,
Lanham Act ,
Patent Litigation ,
Patents ,
Precedential Opinion ,
Unfair Competition ,
USPTO ,
Vacated
Earlier this week, the Federal Circuit granted Meril Life Sciences safe passage out of the infringement storm — otherwise known as Edwards Lifesciences — continuing to chase it (at least for now). More specifically, a divided...more
The Federal Circuit just “re-issued” its precedential decision in Great Concepts, LLC v. Chutter, Inc. (No. 2022-1212), where it had previously reversed the USPTO’s cancellation of a registered trademark. There was no...more
In Corephotonics, Ltd. v. Apple Inc., the Federal Circuit partially signed off on Apple’s win before the Patent Trial and Appeal Board (PTAB) invalidating a number of patents owned by Corephotonics relating to dual-aperture...more
10/26/2023
/ Appeals ,
Apple ,
Design Patent ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Obviousness ,
Patent Litigation ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art