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Federal Circuit Opts Not to Play its REVERSE [DOE] Card 

Steuben Foods, Inc. v. Shibuya Hoppmann Corp., No. 23-1790 (Fed. Cir. 2025) - On January 24, 2025, the Federal Circuit considered the “long mentioned but rarely applied” reverse doctrine of equivalents (“RDOE”) defense. ...more

District Court in the Claim Construction Zone: Federal Circuit Permits at Rule 12 Stage

UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024) - On October 18, 2024, the United States Court of Appeals for the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No....more

On-Sale Bar Arguments Fizzle Out at the Federal Circuit 

Celanese Int'l Corp. v. Int'l Trade Comm'n, No. 2022-1827, 2024 WL 3747277, at *1 (Fed. Cir. Aug. 12, 2024) - Manufacturers beware! Your sales of products based on secret manufacturing processes may invalidate your...more

After 40 Years, a Fundamental Change to Design Patent Law 

LKQ Corp.1 v. GM Global Tech. Operations LLC, No. 21-2348 (Fed. Cir. May 21, 2024) - On May 21, 2024, the Federal Circuit overruled its long-standing Rosen-Durling obviousness test for design patents and replaced it with...more

What the Shell?  LLCs Improperly Used in Attempt to Hide Patent Monetization Firms and Shield Them from Liability 

Nimitz Techs. LLC v. CNET Media, Inc., No. CV 21-1247, 2023 WL 8187441 (D. Del. Nov. 27, 2023) - On November 27, 2023, U.S. District Judge Connolly ruled that patent monetization firm and de facto patent owner, IP Edge,...more

No Handling Necessary: Industry Demo Was A Public Use: Minerva Surgical, Inc. v. Hologic, Inc., 2023 WL 1999900 (Fed. Cir. Feb....

Be careful of showing your claimed inventions at tradeshows.  On February 15, 2023, the Federal Circuit (“CAFC”) affirmed a summary judgment ruling that, by merely showcasing an embodying device at an industry event (the...more

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