(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation
Stages of Patent Invalidation Proceedings
Jones Day Talks: PTAB's Busy Docket and What's Changed After SAS Institute
Impact of Changes at the PTAB on Patent Owners
Podcast: IP Life Sciences Landscape: Aiding Orange and Purple Book Patent Owners in Developing PTAB Survival Skills
Podcast: PTAB Changes After SAS: New Litigation Tactics & Further Changes to Come
Podcast: PTAB Update: New USPTO Director Brings Significant Changes to PTAB
Compiling Successful IP Solutions for Software Developers
Is The Deck Stacked Against Patent Owners In The PTAB?
Inter Partes Review: Validity Before the PTAB
The US Court of Appeals for the Federal Circuit affirmed a district court’s judgment of invalidity and grant of summary judgment of noninfringement, concluding that even if excluded portions of expert testimony were...more
The Federal Circuit recently held that a patentee acted as its own lexicographer to define a claim term even though it did not explicitly define the term. Rather, because the patentee consistently and clearly used two terms...more
This Federal Circuit opinion analyzes the “very demanding standard” of judicial correction of erroneous wording of a patent claim. Background - Canatex Completion Solutions owns U.S. Patent No. 10,794,122. This patent...more
In Smartrend Manufacturing Group (SMG), Inc. v. Opti-Luxx Inc., the Federal Circuit vacated a finding of design patent infringement due to an erroneous claim construction. The panel also reversed the district court’s denial...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 Re MOTOROLA SOLUTIONS, INC. [ORDER] (2025-134, 11/06/2025) (Dyk, Linn, Cunningham) Linn, J. The Court denied Motorola Solutions, Inc.’s petition for a writ of mandamus challenging the Acting Director’s decision to...more
Standing or Guesswork? A Speculative Risk of Patent Cancellation is Insufficient for Standing - US INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE Before Lourie, Reyna, and Stark. Appeal from the United States...more
Thanksgiving is finally here, which means the turkey gets its annual moment in the spotlight. For 364 days a year, the turkey is just trying to fit in. It was forced to take on roles it never auditioned for. Turkey bacon....more
The Director of the United States Patent and Trademark Office (USPTO) vacated a Patent Trial & Appeal Board decision instituting an inter partes review (IPR) proceeding after finding that the petitioner advanced inconsistent...more
The US Court of Appeals for the Federal Circuit reversed a district court ruling that invalidated patent claims for indefiniteness, finding that the disputed language was a minor clerical error. Canatex Completion Solutions,...more
In its recent decision in RØDE Microphones, LLC et. al. vs. Zaxcom, Inc., the PTAB declined to apply collateral estoppel based on prior post-grant proceedings because the prior proceedings had applied a different standard of...more
On November 12, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the claim construction decision of the U.S. District Court for the Southern District of Texas that invalidated for...more
In our Case of the Week, the Federal Circuit revisited and clarified the “demanding standard for judicial correction via claim construction,” which permits a court in narrow circumstances to modify claim language to correct...more
The US Court of Appeals for the Federal Circuit reinforced when judicial correction of drafting errors is allowed, emphasizing the potential importance of intrinsic evidence, reasonable debate, and prosecution history. This...more
The U.S. Court of Appeals for the Federal Circuit has set aside both judgments entered against Opti-Luxx, Inc. in a high-stakes pair of patent infringement cases involving illuminated school bus signs....more
A U.S. design patent protects how something looks, as opposed to how it works. An applicant conveys that look primarily using drawings. Typically they use line drawings, so that the scope of protection is focused on the shape...more
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
Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn avoiding prior art “by another” may be difficult, secret sales...more
Merck Serono S.A. v. Hopewell Pharma Ventures, Inc., Nos. 2025-1210, -1211 (Fed. Cir. (P.T.A.B.) Oct. 30, 2025). Opinion by Linn, joined by Hughes and Cunningham. Merck owns two patents directed to methods of treating...more
The Federal Circuit Court of Appeals’ recent decision in Focus Products Group International, LLC v. Kartri Sales Co., Inc., No. 2023-1446 (Fed. Cir. Sept. 30, 2025) reversed summary judgment of infringement on two patents and...more
In a seemingly otherwise run-of-the-mill, albeit precedential, decision, the Federal Circuit affirmed a stipulated judgment of non-infringement in Aortic Innovations LLC v. Edwards Lifesciences Corp....more
With the advent of claim fees in 2022, applicants must now limit the number of claims in their Canadian patent applications to avoid government fees. While cancelling claims (particularly dependent claims) is the simplest...more
Whether you are a veteran partner or a first-year associate, preparing for a Markman hearing can be stressful. You may be done filing the briefs, but you have other things to contend with, such as refining the arguments,...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s construction of a claim, finding that the plain and ordinary meaning of a disputed term was redefined by the patentee under principles of...more