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In a recent decision, the U.S. District Court for the District of Massachusetts refused to strike an expert’s report that raised an ensnarement defense that was not raised in the pleadings, finding that neither the court’s...more
On January 9, 2026, USPTO Director John A. Squires designated four recent discretionary-denial rulings as precedential and nine more as informative, formalizing a developing framework for how and when the Office will exercise...more
In Regents of the University of California v. Broad Institute, Inc., the Federal Circuit addressed the issue of conception and reduction to practice as related to the written description of multiple patent applications. ...more
2025 saw a significant statutory change and the long-awaited Supreme Court of Canada hearing of an appeal regarding the patentability of methods of medical treatment. The courts also considered due care in the context of...more
On October 24, 2025, the Local Division Paris of the Unified Patent Court (UPC) issued its decision in Raccords et Plastiques Nicoll v. First Plast, dismissing claims for literal infringement and infringement by equivalence...more
The U.S. Court of Appeals for the Federal Circuit once called the remedy for inequitable conduct “the atomic bomb of patent law.” Inequitable conduct is a defense against patent infringement that can render a patent...more
Artificial intelligence is revolutionizing innovation across industries, from predictive testing that simulates thousands of virtual manufacturing scenarios to generative design that engineers lightweight, high-performance...more
Since its entry into force on June 1, 2023, the Unified Patent Court (UPC) has seen a growing number of cases across various fields, including pharmaceuticals, biotechnology, medical devices, electronics, and mechanical....more
In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners....more
While the U.S. Supreme Court rejected Amgen's functionally defined anti-PCSK9 antibody claims based on its high bar for enablement, the European Patent Office ("EPO") found such broad antibody claims allowable. Amgen's battle...more
The Federal Circuit recently affirmed a Patent Trial and Appeal Board decision finding claims that had been subject to an ex parte reexamination unpatentable. As a threshold issue, the court held that IPR estoppel under 35...more
A recent ruling by the Federal Court of Appeal in NCS Multistage Inc. v. Kobold Corporation provides critical clarification on three key aspects of Canadian patent law: claim construction, obviousness-type double patenting,...more
Summary - In a landmark unanimous decision, the Full Court of the Federal Court of Australia in Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161 (Otsuka FC) held that patent claims directed to...more
On November 18, 2025, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a precedential decision in Duke University, Allergan Sales, LLC v. Sandoz Inc., holding claim 30 of U.S. Patent No. 9,579,270...more
The Federal Circuit recently made ex parte reexamination proceedings more attractive for those accused of patent infringement. The Court’s decision in In re Gesture Technology Partners, LLC, No. 2025-1075 (Fed. Cir. Dec. 1,...more
On November 18, 2025, in Duke University v. Sandoz Inc. (No. 24-1078), the U.S. Court of Appeals for the Federal Circuit reversed a District of Colorado judgment and overturned $39 million of damages awarded by a jury,...more
Our Case of the Week concerns an attorney fee award in a lawsuit filed by non-practicing entity EscapeX against Google. Following various forms of exceptional conduct, the Court awarded fees, and then further awarded fees...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
This week, the Federal Circuit reversed a district court’s denial of judgment as a matter of law for Sandoz Inc., finding that a claim of Duke University and Allergan Sales, LLC’s (collectively, “Allergan”) U.S. Patent No....more
In Duke University v. Sandoz Inc., No. 2024-1078, __ F.4th __ (Fed. Cir. Nov. 12, 2025), the Federal Circuit reversed a judgment of the United States District Court of Colorado, and held the sole, infringed claim invalid for...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
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
A recent decision by the Milan Central Division (CD) of 23 October 2025 could create further obstacles for prior art submissions, highlighting the growing focus on procedural efficiency in patent litigation before the Unified...more
USPTO Proposes Rule and Director Implements Policy Likely to Limit Multiple Patent Validity Challenges Ted M. Cannon On Friday, October 17, the USPTO published a proposed rule that, if implemented, would likely reduce filings...more
In this episode of the Post-Grant Podcast, Andy Zappia and Bryan Smith break down the USPTO’s proposed rule for IPR and PGR proceedings designed to limit multiple validity challenges to patents. They discuss how the proposed...more