News & Analysis as of

Patent Act Appellate Courts

Morgan Lewis

District Courts Deepen Divide Over Design Patent Profit Disgorgement for Section 289 Damages

Morgan Lewis on

Federal courts continue to grapple with whether profit disgorgement for design patent infringement is a legal remedy for juries or an equitable remedy for judges, an issue the US Court of Appeals for the Federal Circuit has...more

McDermott Will & Schulte

Associational standing requires concrete, non-speculative harm

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing a lawsuit against the United States Patent and Trademark Office (USPTO) for lack of associational standing since no member of the...more

Miller Canfield

Canadian Courts Send Clear Message: Protecting Patents Isn’t Passive

Miller Canfield on

A recent decision from the Canadian Federal Court of Appeal (FCA) underscores the importance of implementing multi-layered patent docketing systems to prevent the loss of rights due to unpaid maintenance fees. ...more

Smart & Biggar

Federal Court of Appeal sets aside two-stage test for assessing “due care”

Smart & Biggar on

On September 5, 2025, the Federal Court of Appeal (FCA) set aside the decision of the Federal Court (FC) in Matco Tools Corporation v Canada (Attorney General), 2025 FC 118, and restored a decision of the Commissioner of...more

Bradley Arant Boult Cummings LLP

High Court to Review Whether Assignor Estoppel Prevents Assignor from Filing an IPR or Relying on a Prior Invalidity Decision

Last spring in Hologic, Inc. v. Minerva Surgical, Inc., the Federal Circuit ruled that the doctrine of assignor estoppel does not prevent an assignor from lodging a validity challenge of either patent in an IPR proceeding. In...more

5 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide