In Barry v. Depuy Synthes Co., the Federal Circuit reversed the district court’s exclusion of the patentee’s expert testimony and its grant of judgment as a matter of law (JMOL) of noninfringement....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 a decision that is quickly gaining attention, the Federal Circuit held that the district court abused its discretion by excluding both of Plaintiff’s experts and subsequently granting Defendants’ judgment as a matter of...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s judgment as a matter of law (JMOL) that the plaintiff failed to prove misappropriation of five alleged trade secrets related to self-inflating tire...more
In Rex Medical, L.P., v. Intuitive Surgical, Inc. (“Rex”), the Federal Circuit affirmed the District Court’s reduction of a jury award from $10 million to $1. At trial, with no damages experts testifying, a jury awarded $10...more
FINESSE WIRELESS LLC v. AT&T MOBILITY LLC - Before Moore, Linn, and Cunningham. Appeal from the United States District Court for the Eastern District of Texas. Unclear and internally inconsistent expert testimony was not...more
REX MEDICAL, L.P. v. INTUITIVE SURGICAL, INC. - Before Dyk, Prost, and Stoll. Appeal from the United States District Court for the District of Delaware. Damages testimony was excluded for failing to apportion the value of...more
On October 2, 2025, the United States Court of Appeals for the Federal Circuit (Judges Dyk, Prost, and Stoll) (“Federal Circuit”) affirmed the District of Delaware’s judgment in a patent infringement action holding that Rex...more
Finesse Wireless LLC v. AT&T Mobility LLC, Appeal No. 2024-1039 (Fed. Cir. Sept. 24, 2025) - In our Case of the Week, the Federal Circuit struck down a $166.3 million damages award against AT&T and Nokia of America Corp.,...more
On Wednesday, September 24, the Federal Circuit set aside a $166.3 million patent infringement verdict in Finesse Wireless LLC v. AT&T Mobility LLC, 24-1039 (Fed. Cir. Sept. 24, 2025). The Court held that the jury’s verdict...more
In this edition of The Precedent, we outline the decision in Egenera, Inc. v. Cisco Systems, Inc. Overview - The Federal Circuit affirmed a grant of partial summary judgment based on the plain meaning of a term when the...more
Precedential and Key Federal Circuit Opinions - LABORATORY CORPORATION OF AMERICA HOLDINGS v. QIAGEN SCIENCES, LLC [OPINION] (2023-2350, 08/13/2025) (Lourie, Dyk, Cunningham) - Lourie, J. The Court reversed the...more
The US Court of Appeals for the Federal Circuit reversed a district court’s decision upholding patent validity, finding that the subject patent’s specification clearly established that the written description failed to...more
In a mixed ruling on evidentiary exclusions and damages methodology, the US Court of Appeals for the Federal Circuit affirmed in part, reversed in part, vacated in part, and remanded a district court’s decision that excluded...more
Top Brand LLC v. Cozy Comfort Company LLC, Appeal No. 2024-2191 (Fed. Cir. July 17, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit held that prosecution history disclaimer applies to...more
In Steuben Foods Inc. v. Shibuya Hoppmann Corporation, the Federal Circuit addressed the boundaries a district court may impose on experts by deeming their testimony wrong as a matter of law. Background - Steuben Foods...more
Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more
In this edition of The Precedent, we outline the decision in Trudell Medical International Inc. v. D R Burton Healthcare LLC. The U.S. Court of Appeals for the Federal Circuit recently affirmed in part, reversed in part and...more
In this edition of The Precedent, we outline the decision in Steuben Foods Inc. v. Shibuya Hoppmann Corp. This case addresses whether the reverse doctrine of equivalents (RDOE) is a viable defense to patent infringement....more
Steuben Foods, Inc. v. Shibuya Hoppman Corp., Appeal No. 2023-1790 (Fed. Cir. Jan. 24, 2025) In its only precedential patent decision this week, the Federal Circuit addressed an “anachronistic exception, long mentioned but...more
On May 15, 2023, the Supreme Court of the United States denied Teva Pharmaceuticals USA, Inc.’s (“Teva”) petition for certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline, LLC, ending a nearly nine-year court...more
In a unanimous ruling, the Supreme Court of the United States (SCOTUS) addressed the enablement requirement under Section 112 of the Patent Act, placing this into sharper focus with the Amgen v. Sanofi case. This landmark...more
March's Texas Patent Litigation Monthly Wrap-Up covers decisions addressing post-verdict JMOL, the point at which cases become exceptional, and the standard for amending invalidity contentions, among other issues....more
In two recent decisions, both issued on February 4, 2022, the United States Court of Appeals for the Federal Circuit (the “CAFC”) erased two huge patent damages awards because the underlying expert opinion on damages was...more
Kudos to Shirley Leung of The Boston Globe for concisely recounting the past 15 years of Boston waterfront planning, where it has and hasn't gotten us, and where we need to get in the foreseeable future. Mayor Wu has great...more