It Only Took 13 Years: The Federal Circuit's First Derivation Proceeding Decision — Patents: Post-Grant Podcast
Understanding the Impact of IPR Estoppel and PTAB Discretionary Denials — Patents: Post-Grant Podcast
Podcast: IP(DC): Inside Patent Reform Efforts, Anticipated Federal Circuit Appeals, and Patent Cases of the Upcoming Supreme Court Term
Is the Patent Litigation Boom Coming to an End?
On February 19, 2026, the U.S. Court of Appeals for the Federal Circuit affirmed the District of Delaware’s grant of summary judgment of non infringement in favor of defendants in Genuine Enabling Tech. LLC v. Sony Corp., No....more
On February 20, 2026, the Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion reversing and remanding a decision from the United States District Court for the District of Delaware finding the...more
On February 20, 2026, in REGENXBIO Inc. et al. v. Sarepta Therapeutics Inc., et al., No. 2024-1408, the Federal Circuit reversed a district court decision which held that claims covering a cultured host cell containing a...more
The US Court of Appeals for the Federal Circuit reversed and vacated a decision by the Patent Trial & Appeal Board, explaining that the Board failed to consider common textual modifier language when applying the plain meaning...more
A consequence of the Supreme Court’s assault on subject matter eligibility a dozen years or so ago was that the patent defense bar presented the judiciary with ever more stringent standards and extreme if not fanciful...more
Sterne Kessler’s IP Year in Review Reports provide a comprehensive analysis of key developments, trends, and cases that shaped the intellectual property landscape over the past year....more
In a closely watched design patent decision, the Federal Circuit affirmed summary judgment of non-infringement in favor of Armaid, holding that a patented “Body Massaging Apparatus” (U.S. Design Patent No. D802,155) was...more
Today, Aaron Judge (“Judge”) is a household name for sports fans across the United States. However, in 2017, Judge was just entering the Major League Baseball scene and carving out a name for himself—he won Rookie of the Year...more
In the recent decision of Arlton v. AeroVironment the US Court of Appeals for the Federal Circuit reaffirmed the broad scope of 28 USC § 1498, holding that AeroVironment, Inc. was immune from patent infringement liability for...more
Our Patent Case Summaries provide a weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial...more
In this episode of The Upper Brand, hosts Rich Assmus and Kristine Young examine the Crocs, Inc. v. ITC case, exploring how Crocs pivoted from expired patent protection to trademark and trade dress claims to protect its...more
The U.S. Court of Appeals for the Federal Circuit’s recent decision in Range of Motion Products v. Armaid is another reminder that, if care is not taken, design patent scope can be narrowed significantly in the U.S. through...more
In Arlton v. AeroVironment the Federal Circuit held that section 28 U.S.C. § 1498(a) supplies Government contractors with immunity from liability for patent infringement even if (1) the Government was obligated to award a...more
Trademark case law continues to develop each year, and 2025 was no exception, with courts issuing a wide array of trademark opinions. For a more in-depth discussion of 2025's most impactful decisions, we invite you to watch...more
In a recent case, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement of a design patent, signaling heightened scrutiny of functional features in design...more
Less than a year after holding that generic machine-learning patents are abstract in Recentive Analytics, Inc. v. Fox Corp., the Federal Circuit may be refining where to draw the line on patent eligibility....more
Federal courts continue to grapple with whether profit disgorgement for design patent infringement is a legal remedy for juries or an equitable remedy for judges, an issue the US Court of Appeals for the Federal Circuit has...more
Knobbe Martens’ 2025 Federal Circuit Year in Review report, covers over 50 of the most noteworthy patent-related Federal Circuit decisions issued in 2025. The report provides in-depth analysis from Knobbe Martens lawyers on a...more
Trade secrets can be a valuable part of a company’s IP strategy. A recent decision from the U.S. Court of Appeals for the Federal Circuit, Coda Development S.R.O. v. Goodyear Tire & Rubber Co., underscores that imprecise...more
In Ex parte Baurin (Appeal 2024‑002920), the Patent Trial and Appeal Board (PTAB) denied the examiner’s request for rehearing and reaffirmed its prior reversal of six nonstatutory obviousness‑type double patenting (ODP)...more
The US Court of Appeals for the Federal Circuit recently affirmed that, absent specification language supporting a narrower interpretation, the patent claim terms “configured to” and “configured for” are properly construed to...more
On December 18, 2025, the United States Court of Appeals for the Federal Circuit dismissed Longhorn IP and Katana Silicon Technologies’ interlocutory appeal from a district court order requiring an $8 million bond under...more
One might be forgiven for assuming, based on a cursory reading of the Constitution or perhaps a fleeting bout of logic, that the U.S. patent system exists to promote the progress of science and useful arts. Historically, this...more