Indefiniteness Before the PTAB
If your company is sued for patent infringement, the dispute is not only about whether your product practices the claims; it is often about whether the patent should have been issued in the first place. U.S. law gives...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
Akamai Technologies, Inc. v. MediaPointe, Inc. - Before Taranto, Stoll, and Cunningham. Appeal from the United States District Court for the Central District of California. The Federal Circuit affirmed a district court’s...more
In Akamai Techs., Inc. v. MediaPointe, Inc., No. 24-1571 (Fed. Cir. Nov. 25, 2025), the Federal Circuit affirmed the Central District of California’s summary judgment determinations of indefiniteness and non-infringement. ...more
In Akamai Technologies, Inc. v. MediaPointe, Inc., the Federal Circuit reaffirmed that claim language employing terms of degree such as “optimal” and “best” must be supported by objective and exclusive boundaries in the...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 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
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
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
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 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
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
The US Court of Appeals for the Federal Circuit affirmed the US International Trade Commission’s (Commission) decision that a water filtration patent was invalid for lack of written description and enablement because the...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s judgment of noninfringement and no invalidity for indefiniteness, concluding that the court correctly construed the claims and properly determined...more
As we wrote about recently here, Examiners continue to rely on the USPTO’s current guidance on the definiteness standard set forth by the Court of Appeals for the Federal Circuit (“Federal Circuit”) in In re Maatita, 900 F.3d...more
The US District Court for the Northern District of Iowa issued an instructive decision clarifying the scope of statutory estoppel under the Leahy-Smith America Invents Act (AIA) following post-grant review (PGR) proceedings...more
Nature of the Case and Issue(s) Presented: Cyclophosphamide is an antineoplastic agent used to treat various cancers, including lymphomas, myeloma, leukemia, and breast carcinoma. The ’952 patent, issued to Plaintiffs in May...more
Nature of the Case and Issue(s) Presented: Astellas sued Lupin and Zydus based on the generics manufacturers’ ANDA filing and their efforts to make and sell generic mirabegron. In the leadup to the 2023 bench trial, the...more
On April 30, 2025, the Federal Circuit issued a decision in Fintiv, Inc. v. PayPal Holdings, Inc. (No. 23-2312), issued on April 30, 2025, upholding the invalidation of Finitiv Inc.’s (“Finitiv”) mobile wallet patents related...more
Judge Paul A. Engelmayer (S.D.N.Y.) recently construed claim terms at issue in a patent litigation between Plaintiffs Trove Brands, LLC, d/b/a The BlenderBottle Company, and Runway Blue, LLC (collectively, “Trove”) and...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s ruling that a software term was a “nonce” term that invoked 35 U.S.C. § 112, sixth paragraph (i.e., a means-plus-function claim element). The Court...more