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?
In Range Of Motion Products, LLC v. Armaid Company Inc., Appeal No. 23-2427, the Federal Circuit held that functional aspects of a design must be separated out when analyzing whether an ordinary observer would find two...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
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
An obviousness-type double patenting rejection (“ODP”) over a reference patent or application with a different ownership entity creates a trap for the unwary: the Patent Office can make an ODP rejection over a patent issued...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
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
In January 2026, the Federal Circuit issued a nonprecedential opinion in Guardant Health, Inc. v. University of Washington (Slip Op. 2024-1129, Jan. 23, 2026) that, while not binding precedent, is nevertheless highly relevant...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
Knobbe Martens’ 2025 Federal Circuit Year in Review report, covering over 50 of the most noteworthy patent-related Federal Circuit decisions issued last year, is now available! The report provides in-depth analysis from...more
The Federal Circuit has issued its nonprecedential decision in In re Blue Buffalo Enterprises, Inc. affirming the Patent Trial and Appeal Board’s (“Board”) rejection of several claims of U.S. Patent Application No. 17/136,152...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
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
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
In Regents of the University of California v. Broad Institute, Inc., the Federal Circuit addressed the issue of conception and reduction to practice as related to the written description of multiple patent applications. ...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
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