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Patents Patent Infringement

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

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

Irwin IP LLP

2025 Mid-Year Report - Top Ten Intellectual Property Cases Of 2025 (So Far)

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We have passed the midpoint of 2025, and the landscape of intellectual property law continues to evolve at a rapid pace, shaped by emerging technologies, and shifting judicial interpretations. From pivotal Supreme Court...more

Jones Day

Acting Director Reverses Previous Discretionary Denial

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For the first time under the bifurcated institution procedures, the Acting Director reversed her own prior discretionary denial, citing changed circumstances based on a settlement in the parallel district court litigation. ...more

White & Case LLP

The Federal Circuit clarifies AIA derivation standards: Independent conception is key

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In its first precedential review of an AIA derivation proceeding, the Federal Circuit held that to prove derivation, a petitioner has the burden of showing that the petitioner conceived the claimed subject matter and...more

Wolf, Greenfield & Sacks, P.C.

Is Your IP Pacing Your Innovation?

As your company grows, expands, and develops new technology, it is critical to evaluate your intellectual property strategy. What may have worked during the early stages or for your initial technology may need to change. For...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

Fish & Richardson

Standard Essential Patent FAQs

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What are standards?   Standards are technological guidelines that enable various systems and/or components to work together using a common language....more

Womble Bond Dickinson

Revival of the Non-Practicing Entity Preliminary Injunction?

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A recent filing by the U.S. government in a pending Eastern District of Texas litigation signals a renewed interest by the current administration in potentially reviving the ability for non-practicing entities (“NPE”) to...more

Patterson Belknap Webb & Tyler LLP

Judge Román “Illuminates” Lack of Personal Jurisdiction and Improper Venue in Light Bulb Camera Case

Judge Nelson S. Román (S.D.N.Y.) recently granted a motion to dismiss for lack of personal jurisdiction and improper venue in a patent case. Wang v. Laview Eagle Eye Tech. Inc., No. 24-cv-01822-NSR, 2025 WL 2371222, at *1...more

K&L Gates LLP

Let’s Make it a Date–Best Method and the Filing Date of the Earliest Complete Application

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In the recent decision of NOCO Company v. Brown and Watson International Pty Ltd [2025] FCA 887, Moshinsky J has provided welcomed clarity around the relevant date by which the best method known to the applicant is to be...more

Jones Day

Bill Seeks to Restrict 30-Month Stay in Hatch-Waxman Litigation to One Patent

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Senate Bill S. 4878 seeks to force innovator pharmaceutical companies to select a single Orange Book listed patent for the 30-month stay. ...more

A&O Shearman

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

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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

Jones Day

Institution Denied Based on Parallel Proceeding and Prior Denial

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On December 6, 2024, Comcast Cable Communications, LLC (“Comcast”) filed three separate petitions for inter partes review (“IPR”) of U.S. Patent No. 9,866,438 (“the ’438 Patent”), which is assigned to Entropic Communications,...more

Kilpatrick

3 Key Takeaways | Part Three: From Copyright to Patents: Global IP and Legal Issues in GenAI Innovations

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Kilpatrick’s Tyler McAllister - a partner who focuses his practice on patent preparation and prosecution, patent clearance and opinions, patent licensing, patent litigation, post-grant review, and related business and...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

Lathrop GPM

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

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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

Alston & Bird

Patent Case Summaries | Week Ending August 15, 2025

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PowerBlock Holdings, Inc. v. iFit, Inc., No. 2024-1177 (Fed. Cir. (D. Utah) Aug. 11, 2025). Opinion by Stoll, joined by Taranto and Scarsi (sitting by designation). PowerBlock sued iFit for infringement of a patent directed...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

American Conference Institute (ACI)

[Event] Pharma & Biotech Patent Litigation USA - October 14th - 15th, New York, NY

Attend ACI's inaugural Forum on Pharma & Biotech Patent Litigation USA and garner a winning edge in the high- stakes life sciences patent ligation arena. Get the in-depth and practical information that you need to develop...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

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