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Patents Patent Litigation

Alston & Bird

Patent Case Summaries | Week Ending August 29, 2025

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Global Health Solutions LLC, v. Marc Selner, No. 2023-2009 (Fed. Cir. (PTAB) Aug. 26, 2025). Opinion by Stark, joined by Stoll and Goldberg. “This case marks [the Federal Circuit’s] first review of an AIA derivation...more

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

Fish & Richardson

Analyzing SEPs: Strategies for Licensing Negotiations - The Licensing Journal

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Standard essential patents (SEPs) play a crucial role in ensuring that technical standards are accessible and implementable across industries. These patents, which are deemed essential to implement particular technical...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

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

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

Baker Botts L.L.P.

Intellectual Property Report September 2025

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The landscape of legal practice has significantly changed due to the proliferation of third-party litigation funding, a financial mechanism that provides capital to plaintiffs, including patent owners, in exchange for an...more

McCarter & English, LLP

Navigating the Landscape of Patent Challenges at the USPTO

Challengers striving to beat higher-ranked opponents at the US Open tennis tournament happening now in New York are not the only challengers facing tricky new situations. Parties wishing to challenge the validity of US...more

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

U.S. IP Update – August 2025

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

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

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

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

Smart & Biggar

Federal Court of Appeal confirms generic not required to address patent submitted before ANDS filing but listed after

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On August 8, 2025, the Federal Court of Appeal (FCA) determined that the Minister of Health’s decision to list Canadian Patent No. 2,970,315 on the Patent Register eight days after it was submitted to Health Canada was...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

Haug Partners LLP

Swiss Court Signals More Lenient Approach to AI Inventions

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On June 26, 2025, the Swiss Federal Administrative Court (“Court”) issued its decision in case B-2532/2024, resolving a high-profile dispute over whether an artificial intelligence (“AI”) system can be named as an inventor...more

BakerHostetler

Patent Law Meets Ad Law: Legal Risks of Using ‘Patented,’ ‘Proprietary’ or ‘Exclusive’ in Marketing Claims

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As a reformed patent attorney, I’m always excited to explore issues that bridge patent law and advertising law. Patent issues occasionally arise in the ad tech space, especially around innovations in programmatic advertising,...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

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