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Patent Litigation

Burr & Forman

How IP Litigation Can Make Strategic Business Sense for Midsize Companies

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For most executives at middle-market companies, pursuing intellectual property litigation might seem like a prospect to avoid at all costs. Litigation, they believe, is expensive, time-consuming, and unpredictable. Those...more

Knobbe Martens

Federal Circuit Review | January 2026

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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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2025 PTAB Year in Review Analysis & Trends | 6TH EDITION

In 2025, the Patent Trial and Appeal Board (PTAB) experienced significant procedural and substantive changes. Under new leadership at the U.S. Patent and Trademark Office (USPTO), a series of developments reshaped...more

Morgan Lewis

Federal Circuit Narrows Design Patent Scope Based on Functional Considerations

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In a recent case, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement of a design patent, signaling heightened scrutiny of functional features in design...more

WilmerHale

Federal Circuit Patent Watch: Patent Related to Web Conferencing Systems Found Patent-Ineligible

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Precedential and Key Federal Circuit Opinions - U.S. PATENT NO. 7,679,637 LLC v. GOOGLE LLC [OPINION] (2024‑1520, 01/22/2026) (Moore, Hughes, Stoll) - Moore, C.J. The Court affirmed the district court’s dismissal of U.S....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Federal Circuit’s RPI v. Amazon Questioning Tests the Boundaries of Machine Learning Patent Eligibility...

Less than a year after holding that generic machine-learning patents are abstract in Recentive Analytics, Inc. v. Fox Corp., the Federal Circuit may be refining where to draw the line on patent eligibility....more

McDermott Will & Schulte

Can’t patent idea of using asynchronous data streams during web conferencing

The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a patent infringement suit, holding that the asserted web conferencing claims were directed to an abstract idea, lacked any inventive...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Spot the Difference or Close Enough? Framing Design Patent Infringement

The Federal Circuit’s recent decision in Range of Motion Products, LLC v. Armaid Company Inc. highlights a growing dissatisfaction with courts’ broad use of the sufficiently distinct/plainly dissimilar standard to dispose of...more

Goodwin

Genentech/Hoffmann La-Roche and Shanghai Henlius Biotech/Organon Settle Pertuzumab BPCIA Case

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On January 30, 2026, the U.S. District Court for the District of New Jersey entered a Joint Stipulation of Dismissal resolving the pertuzumab BPCIA litigation between Genentech, Inc. and Hoffmann-La Roche Inc. (together,...more

Knobbe Martens

PTAB Update | January 2026

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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

Fish & Richardson

Federal Circuit Signals Tension in Expert Testimony Jurisprudence: EcoFactor and Barry

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The Federal Circuit’s recent decisions in EcoFactor, Inc. v. Google, LLC (en banc) and Barry v. DePuy Synthes Companies have refined the landscape regarding the admissibility of expert testimony under Federal Rule of Evidence...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Judge Wolson Issues Key Summary Judgment Ruling on the Eve of Trial in the Arbutus v. Moderna mRNA Vaccine and Lipid Nanoparticle...

On February 2, 2026, U.S. District Court for the Eastern District of Pennsylvania Judge Joshua D. Wolson, sitting by designation in the U.S. District Court for the District of Delaware in the Arbutus Biopharma Corporation and...more

Venable LLP

Genentech and Shanghai Henlius Biotech Settle Perjeta® Biosimilar BPCIA Litigation

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On January 30, 2026, the Court ordered Genentech / Hoffmann-La Roche and Shanghai Henlius Biotech / Organon’s stipulated dismissal of Case No. 2:25-cv-14648 (D.N.J.) due to a settlement agreement between the parties.  ...more

Alston & Bird

Patent Case Summaries | Week Ending January 30, 2026

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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

Knobbe Martens

Litigation Update | January 2026

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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

Patterson Belknap Webb & Tyler LLP

When One Door Closes, Another Doesn’t Always Open: Judge Bulsara Grants Motion to Dismiss DigitalDoors’s Complaint with Prejudice

On January 16, 2026, District Judge Sanket J. Bulsara (E.D.N.Y.) granted Defendant Flushing Bank’s motion to dismiss under Fed. R. Civ. P. 12(b)(6), finding that Plaintiff DigitalDoors, Inc. (“DigitalDoors”) failed to...more

Morgan Lewis

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

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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

Vinson & Elkins LLP

Innovation Governance: 5 Strategies to Mitigate Intellectual Property Risks

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Innovative companies stand out from their competitors, attracting talent and investment, boosting revenue and margins, earning new customers and deep brand loyalty....more

Sheppard Mullin Richter & Hampton LLP

Deletions Matter: The Federal Circuit Rejects Importing Language from Provisional and Related Patent into FMC’s Asserted Claims

This case addresses two primary issues (i) whether the district court erred in construing the claim term “composition” in FMC’s pesticide patents to mean only “stable compositions,” based on disclosures found in a provisional...more

Robins Kaplan LLP

New ANDA Cases - Fourth Quarter 2025

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This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act....more

Herbert Smith Freehills Kramer

UPC Key Documents – Legislation And Guidance (UPDATED)

A collection of easy links to the key pieces of legislation and rules governing the Unified Patent Court and unitary patent...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Sound View Innovations, LLC v. Hulu

This week, the Federal Circuit affirmed a district court’s grant of summary judgment of noninfringement for appellee Hulu, finding that Hulu did not infringe method claim 16 of Sound View Innovations’ U.S. Patent No....more

Fox Rothschild LLP

Court Rejects Prospective Sealing of Markman Proceedings

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A Reminder on Sealing Rules- Parties often wish to prevent public disclosure of sensitive business and proprietary information that can become the subject of litigation, especially in patent cases. A recent decision from...more

Proskauer - The Patent Playbook

Updates on APEX-related Personal Jurisdiction Considerations Since SnapRays

Last year we discussed the implications of the Supreme Court’s choice not to review the Federal Circuit’s SnapRays decision for patent owners that rely on the Amazon Patent Evaluation Express (“APEX”) program. A recent case...more

Patterson Belknap Webb & Tyler LLP

The Case Must Go On: Judge Choudhury Denies Stay Pending PTO Ex Parte Reexaminations

Last week, Judge Nusrat J. Choudhury (E.D.N.Y.) denied a motion to stay a patent case pending completion of ex parte reexamination (“EPR”) proceedings challenging the validity of some but not all of the patents-in-suit. ...more

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