On July 18, 2025, the US Court of Appeals for the Federal Circuit reversed a lower court ruling in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC, holding that prosecution history estoppel barred the patentees’ doctrine...more
The Federal Circuit has consistently described the “tangential” exception to the presumption of prosecution history estoppel as “very narrow.” Only a few Federal Circuit decisions have found proof of the tangential exception...more