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Patents CAFC

Morgan Lewis

USPTO Tightens Limits on AAPA Use in IPRs Following Qualcomm Precedent

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A recent memo from the acting director of the US Patent and Trademark Office directs the Patent Trial and Appeal Board (PTAB) to reject inter partes review (IPR) petitions that use “applicant admitted prior art (AAPA), expert...more

Foley & Lardner LLP

Federal Circuit Skeptical of Prosecution Laches

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In Google v. Sonos, the Federal Circuit soundly disposed of arguments that the patent-in-suit was unenforceable due to laches based on an “unreasonable delay” in patent prosecution. Does the court’s reasoning foreclose the...more

Morrison & Foerster LLP

Federal Circuit Pushes Back on Prosecution Laches

In October 2023, we reported on the district court decision in Sonos, Inc. v. Google LLC. The decision was notable for reviving the prosecution laches doctrine to render unenforceable a continuation patent filed 13 years...more

Bradley Arant Boult Cummings LLP

The Federal Circuit Calls for a Replay Allowing Sonos Another Opportunity at Google

The Federal Circuit’s recent decision in Google LLC v. Sonos, Inc. (24-1097) offers a compelling look at the evolving doctrine of prosecution laches, the written description requirement, and the practical realities of patent...more

Womble Bond Dickinson

Controversy over “Composition”: Federal Circuit Highlights Drafting Discrepancy

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In a precedential ruling that underscores the importance of consistency in claim drafting, the United States Court of Appeals for the Federal Circuit reversed a claim construction based on an improper interpretation of the...more

Miller Canfield

Patent Derivation Proceedings Offer a First-to-File Exception - Don’t Take the Bait

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The Federal Circuit’s recent decision in Global Health Solutions LLC v. Selner is its first review of a rare patent dispute resolution process under the America Invents Act (AIA). The decision serves as a warning that proving...more

Fish & Richardson

Brumfield and Its Wake: Extraterritorial Sales in Reasonable Royalty Damages

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In 2024, the Federal Circuit set forth a standard for determining whether extraterritorial sales activity could be considered in a reasonable royalty award for patent infringement. Here, we summarize the court’s opinion in...more

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

Federal Circuit Issues First Decision on Litigated AIA Derivation Proceeding

In Global Health Solutions LLC v. Selner, the Federal Circuit addressed for the first time an appeal from a derivation proceeding litigated before the Patent Trial and Appeal Board (PTAB) under the America Invents Act (AIA)....more

A&O Shearman

Federal Circuit Finds Claims of Selectorized Dumbbell Weight Patent Not Directed to an Abstract Idea

A&O Shearman on

On August 11, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion reversing the decision of the U.S. District Court for the District of Utah that found certain claims of a selectorized dumbbell...more

Bradley Arant Boult Cummings LLP

Federal Circuit Vacates $4.7 Million Patent Infringement Verdict

The Federal Circuit recently issued a significant decision in the ongoing patent litigation between Laboratory Corporation of America Holdings (Labcorp) and Qiagen Sciences, LLC, reversing a Delaware district court’s judgment...more

Proskauer - The Patent Playbook

Federal Circuit Lifts § 101 Barrier on Smart Dumbbells

On August 11, 2025, the Federal Circuit reversed the District of Utah’s ruling that all but one of the claims in PowerBlock Holdings, Inc.’s U.S. Patent No. 7,578,771 were invalid under 35 U.S.C. § 101. PowerBlock Holdings,...more

Lathrop GPM

Federal Circuit Decision Highlights the Risks of Inconsistency from Provisional to Patent

Lathrop GPM on

In an August 1, 2025, precedential ruling (FMC Corporation v. Sharda USA, LLC, No. 24-2335 (Fed. Cir. Aug. 1, 2025)), the U.S. Court of Appeals for the Federal Circuit vacated a temporary restraining order granted by the U.S....more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Offers Some Helpful Patent Eligibility Guidance

On August 11, in Powerblock Holdings, Inc. v iFit, Inc., the Federal Circuit offered at least two observations that can benefit patentees seeking patent protection for inventions involving software. First, the court noted...more

McDermott Will & Schulte

Feel the burn: Mechanical improvement is patent eligible under § 101

The US Court of Appeals for the Federal Circuit reversed a district court’s partial dismissal of the plaintiff’s patent claims under 35 U.S.C. § 101, finding that the claims were not directed to an abstract idea under Alice...more

McDermott Will & Schulte

Specification controls: Written description must be clear

The US Court of Appeals for the Federal Circuit reversed a district court’s decision upholding patent validity, finding that the subject patent’s specification clearly established that the written description failed to...more

Proskauer - The Patent Playbook

Federal Circuit Reverses $4.7M Verdict in Labcorp v. QIAGEN: Claim Scope and Doctrine of Equivalents in the Crosshairs

The Federal Circuit recently reversed a $4.7M verdict in a patent lawsuit involving two patents concerning next-generation sequencing methods—U.S. Patent Nos. 10,017,810 and 10,450,597. Both patents concern DNA preparation...more

Fish & Richardson

Developing Issues in Patent Damages: Future Royalties

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Increasingly, plaintiffs in patent infringement suits are projecting sales through the expiration of the patent, discounting for present value, and then calling the resulting figure a “lump sum” royalty. ...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC

Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC, Appeal No. 2023-2350 (Fed. Cir. Aug. 13, 2025) - In our Case of the Week, the Federal Circuit reversed a jury finding of infringement from the District...more

Knobbe Martens

Deleted Specification Portions Undermine Claim Construction

Knobbe Martens on

FMC Corp. v. Sharda USA, LLC - Before Moore, Chen, and Barnett. Appeal from the Eastern District of Pennsylvania. The district court erred by construing a claim term based on disclosures made in a provisional application and...more

Alston & Bird

Patent Case Summaries | Week Ending August 8, 2025

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Mondis Technology Ltd., et al. v. LG Electronics Inc., et al., Nos. 2023-2117, -2116 (Fed. Cir. (D.N.J.) Aug. 8, 2025). Opinion by Hughes, joined by Taranto and Clevenger....more

McDermott Will & Schulte

Claim construction misstep undoes injunction

The US Court of Appeals for the Federal Circuit vacated and remanded a preliminary injunction (PI), finding that the district court improperly construed a claim term based on references cited in a provisional application but...more

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

PowerBlock Holdings, Inc. v. iFit, Inc.: Electro-Mechanical Systems That Automate Physical Actions Can Be Patent Eligible Under §...

Modern electro-mechanical systems—ranging from humanoid robots and automated assembly lines, to smart workout equipment and medical devices—combine mechanical and electronic components to automate the performance of physical...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re BAC IP B.V. (Fed. Cir. 2025)

A patent applicant dissatisfied by an patent examiner's rejection of that applicant's claims in ex parte prosecution has recourse by appeal to the Patent Trial and Appeal Board (PTAB) under 35 U.S.C. § 134, and to the Federal...more

Bradley Arant Boult Cummings LLP

A Weighty Decision by the Federal Circuit Reverses Patent Ineligibility Ruling

In a significant decision for patent law and the fitness equipment industry, a panel of the Federal Circuit reversed a partial dismissal of PowerBlock Holdings, Inc.’s patent infringement claims brought against iFit, Inc. in...more

McDonnell Boehnen Hulbert & Berghoff LLP

American Science and Engineering, Inc. v. Stewart (Fed. Cir. 2025)

Under Dickinson v. Zurko courts (specifically, the Federal Circuit) should defer to factual determinations by administrative agencies like the U.S. Patent and Trademark Office unless they are not supported by substantial...more

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