University’s Alzheimer’s Mouse Patent Blocked by Government License Under Bayh-Dole Act

Univ. of S. Fla. Bd. of Trs. v. United States Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights how the Bayh-Dole Act can give the federal government broad rights to use patented inventions developed with federal funding—even…

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Patent Time Limits: When Amending Claims Can Cost You the Patent

Speck v. Bates Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights the importance of timing and claim amendments in patent interference proceedings. The dispute centered on a drug-coated balloon catheter, with Ulrich Speck and Bruno Scheller challenging…

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Amazon Patent Takedown Triggers Jurisdiction Over Out-of-State Patent Owner

SnapRays v. Lighting Def. Grp Authored by: Jeremy J. Gustrowsky A recent decision highlights how using Amazon’s patent enforcement tools can land a patent owner in court far from home. In this case, Lighting Defense Group (LDG), an Arizona company,…

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Court Affirms Obviousness of Rifaximin Patents, Clarifies ANDA Approval Timing

Salix Pharms., Ltd. v. Norwich Pharms. Inc Authored by: Jeremy J. Gustrowsky A recent appellate decision sheds light on the complex interplay between pharmaceutical patents, generic drug approvals, and the standards for proving a patent is “obvious” in light of…

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Universal Electronics Prevails in Patent Dispute Over Smart TV Control Technology

Roku, Inc. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the importance of clear patent ownership and substantial domestic investment when enforcing intellectual property rights at the International Trade Commission (ITC).…

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Patent Claim Construction Gets a Reset in High-Tech TV Voice Command Dispute

RAI Strategic Holdings, Inc. v. Philip Morris Prods. S.A Authored by: Jeremy J. Gustrowsky A recent decision from the United States Court of Appeals has shaken up a long-running patent dispute over voice-controlled television technology. Promptu Systems Corporation accused Comcast…

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Don’t Try to Sneak in Extra Arguments by Incorporating Briefs—The Court is Watching

Promptu Sys. Corp. v. Comcast Cable Commc’ns, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit sent a clear message to attorneys: you can’t get around word limits by “incorporating by reference” arguments from one legal…

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Court Opens Door for Subcontractors to Challenge Federal Procurement Decisions

Percipient.ai, Inc. v. United States Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit could reshape who gets to challenge federal procurement decisions, especially when it comes to the use of commercial products and services in government…

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Patent Infringement Awards Can Disappear If Patents Are Later Found Invalid

Packet Intel. LLC v. NetScout Sys Authored by: Jeremy J. Gustrowsky A recent decision highlights a critical risk for patent owners: even after winning a patent infringement lawsuit and being awarded damages, those awards can vanish if the underlying patents…

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Court Clarifies What It Means to “Identify a Single Biomolecule” in Patent Claims

Pac. Biosciences of Cal., Inc. v. Pers. Genomics Taiwan, Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit has provided important guidance on what it means for a patented device to be “capable of identifying a…

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Trademark Board Must Reconsider Baby Product Confusion Case After Evidence Overlooked

Naterra Int’l, Inc. v. Bensalem Authored by: Jeremy J. Gustrowsky A recent decision highlights how important it is for the Trademark Trial and Appeal Board (TTAB) to fully consider all relevant evidence when deciding if two trademarks are likely to…

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No Contradiction, No Problem: Federal Circuit Clarifies Patent Claim Language on Lithium-Ion Batteries

Maxell, Ltd. v. Amperex Tech. Ltd Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit provided important guidance on how patent claims should be interpreted when it comes to potentially conflicting language. The case involved Maxell, Ltd.,…

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