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Federal Circuit Year in Review 2024

Report summary -Knobbe Martens' inaugural Federal Circuit Year in Review report offers a comprehensive overview of the most significant Federal Circuit rulings of 2024 and how they could shape IP law in the years ahead....more

The Choice Is Not Yours: Foreign Defendants Cannot Avoid Personal Jurisdiction by Post-suit, Unilateral Forum Designation

IN RE: STINGRAY IP SOLUTIONS, LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States District Court for the Eastern District of Texas. Summary: A defendant’s post-suit, unilateral consent to suit in...more

Raise It or Lose It! The Federal Circuit Will Not Address Obviousness Arguments First Raised by the PTO on Appeal

In Re Google LLC - Before: Moore, Lourie, and Prost. Appeal from the Patent Trial and Appeal Board. Summary: The PTO’s arguments on appeal did not reflect the record below....more

Silence Is No Support for Negative Claim Limitation

NOVARTIS PHARMACEUTICALS CORP. V. HEC PHARM CO., LTD. Before Moore, Hughes, and Linn (dissenting). Appeal from the United States District Court for the District of Delaware. Summary:  Silence regarding the presence or...more

Somebody’s Wrong: PTAB Must Resolve Conflicting Factual Testimony During IPR

GOOGLE LLC v. IPA TECHNOLOGIES INC. Before Dyk, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: For purposes of determining whether a reference was prior art, the Board has an obligation...more

Sounding Off: Prosecution Disclaimer Requires Unambiguous Intrinsic Evidence

GENUINE ENABLING TECHNOLOGY LLC V. NINTENDO CO., LTD - Before Newman, Reyna, and Stoll. Appeal from the Western District of Washington. Summary: A finding of prosecution disclaimer must be supported by an unambiguous...more

Generic mark lacked sufficient stylization to serve as a source identifier

In Re VOX POPULI REGISTRY LTD. Before Lourie, Dyk, and Stoll, Circuit Judges. Appeal from the Trademark Trial and Appeal Board. Summary: Stylizing an otherwise generic character mark using ubiquitous lettering does...more

District Court’s Pleading Standard Returns an Error Code in PS4 Battle

BOT M8 LLC v. SONY CORPORATION OF AMERICA - Before Dyk, Linn, and O’Malley.  Appeal from the United States District Court for the Northern District of California - Summary: The district court’s conclusion that...more

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