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?
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
The US Court of Appeals for the Federal Circuit affirmed a damages verdict amounting to tens of millions of dollars. The Court found that the patentee’s damages expert correctly apportioned value to the patented feature and...more
The US Court of Appeals for the Federal Circuit concluded that the United States Patent and Trademark Office’s (USPTO) framework for discretionary denials of inter partes review (IPR) is a general statement of policy, not 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
In a significant decision providing guidance on the admissibility of expert testimony on patent damages, the Federal Circuit has affirmed both the validity and the substantial-damages verdict for infringement of Willis...more
NETFLIX, INC. V. DIVX, LLC - Before Moore, Dyk, and Taranto. Appeal from the Patent Trial and Appeal Board. Common principles of English grammar may be used to identify the presumptively correct interpretation of a disputed...more
In our Case of the Week, the Federal Circuit reviewed expert damages testimony en route to affirming a $42.5 million reasonable royalty award on appellant Polygroup’s infringing artificial Christmas trees....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
This past year was an exciting one at the Federal Circuit. The court’s decision in EcoFactor v. Google — concerning the standard for admissibility of expert testimony on damages — marks its first en banc decision in a utility...more
This case addresses whether the district court correctly applied prosecution disclaimer to (i) import a negative limitation into a child patent claim based on prosecution of a related parent patent with materially different...more
Top Glory Trading Group Inc. and DP Dream Pairs Inc. v. Cole Haan LLC, IPR2025-01395 (P.T.A.B January 12, 2026) - A recent decision by United States Patent and Trademark Office (“USPTO”) Director Squires may signal renewed...more
This issue of The PTAB Review begins with a review of notable developments at the PTAB, including changes to institution procedures, and precedential and informative decisions. Next, the authors explore several appellate...more
Merck sued multiple defendants alleging infringement of the patents-in-suit in response to defendants’ filing ANDAs seeking approval to make and sell generic cladribine....more
The U.S. Court of Appeals for the Federal Circuit had another busy docket in 2025. Here, we cover five key decisions that will shape the practice of intellectual property law going forward. ...more
The US Court of Appeals for the Federal Circuit affirmed three Patent Trial & Appeal Board final written decisions finding claims of three related patents unpatentable as obvious and reiterated that challenges to the Board’s...more
WONDERLAND SWITZERLAND AG v. EVENFLO COMPANY, INC. [OPINION] (2023-2043, 2023-2233, 2023-2326, 12/17/2025) (Moore, Prost, Reyna) - Moore, J. The Court reversed the district court’s judgment of infringement of the asserted...more
The US Court of Appeals for the Federal Circuit denied mandamus relief to three petitioners after the United States Patent and Trademark Office (USPTO) denied inter partes review (IPR) institution....more
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board inter partes review (IPR) decision, finding that: § 314(d) does not bar review of an IPR petition’s scope....more
On November 6, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued a decision denying a petition for writ of mandamus relief from the discretionary deinstitution of inter partes reviews (“IPRs”). In re...more
In re Gesture, Case No. 25-1075 (Fed. Cir. Dec. 1, 2025) - Ex parte reexaminations and inter partes review (“IPR”) are two different procedures available at the United States Patent and Trademark Office (“PTO”) to...more