Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes,...more
6/25/2025
/ Appeals ,
CAFC ,
Contract Terms ,
Damages ,
Expert Testimony ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
USPTO
Last week, in EcoFactor, Inc. v. Google LLC, the Federal Circuit issued its first en banc decision in a utility patent case in several years. The case involves the gatekeeping function of district courts vis-à-vis expert...more
5/28/2025
/ Appeals ,
Appellate Courts ,
Contract Interpretation ,
Damages ,
Daubert Standards ,
En Banc Review ,
Expert Testimony ,
Expert Witness ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Rule of Evidence 702 ,
Utility Patents
On Friday, April 18, 2025, the Federal Circuit addressed a question of first impression regarding the validity of certain machine-learning patents under Section 101 in Recentive Analytics, Inc. v. Fox Corp., et al.,...more
In its decision to remand, the Federal Circuit (1) held the Board’s non-analogous art test was wrong and articulated a new test for the Board to follow on remand, and (2) left it up to the Board to make the ultimate decision...more