Patent Holder Loses Antitrust Challenge After Tying Product Purchases to License Agreements

INGEVITY CORPORATION v. BASF CORPORATION Authored by: Jeremy J. Gustrowsky The Federal Circuit recently upheld a multimillion-dollar antitrust verdict against a patent holder who conditioned patent licenses on customers’ exclusive purchase of its products. The case centered on carbon honeycombs—activated…

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Streaming Patent Claims Ruled Abstract Despite Technical-Sounding Language

GOTV STREAMING, LLC v. NETFLIX, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit handed Netflix a complete victory in a patent dispute involving technology for delivering video content to mobile devices. GoTV Streaming owned three related patents describing methods…

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Court Dismisses Confidentiality Dispute as Moot After Cat was Already Out of the Bag

In Re US (CIT Confidentiality) Authored by: Jeremy J. Gustrowsky The Federal Circuit dismissed an appeal over the disclosure of allegedly confidential business information, ruling that the case was moot because the information had already been public for over two…

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Federal Circuit Says Trade Commission Can’t Keep Everything Secret

In Re US (CIT Redaction) Authored by: Jeremy J. Gustrowsky The U.S. Court of Appeals for the Federal Circuit has affirmed that the International Trade Commission cannot automatically stamp “confidential” on every questionnaire response it receives during trade investigations. The…

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Federal Circuit Says Massage Device Designs Are “Plainly Dissimilar” Despite Looking Similar at First Glance

RANGE OF MOTION PRODUCTS, LLC v. ARMAID COMPANY INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed summary judgment of non-infringement in a design patent dispute between two makers of body massage devices. Range of Motion Products, owner…

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Word Choice Matters: “Requested” Creates Required Step Order in Streaming Patent Case

SOUND VIEW INNOVATIONS, LLC v. HULU, LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed a finding of non-infringement in a patent dispute between Sound View Innovations and Hulu over streaming media technology. The case centered on claim…

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Federal Circuit Affirms: Web Conferencing Patent Claims Not Eligible for Protection

US PATENT NO. 7,679,637 LLC v. GOOGLE LLC Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit has reinforced the high bar for patent eligibility in the world of software and web conferencing technology. The case revolved…

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Federal Circuit Reverses Exclusion of Expert Testimony in Spinal Surgery Patent Dispute

BARRY v. DEPUY SYNTHES COMPANIES Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision has significant implications for how courts handle expert testimony in patent cases, especially when it comes to claim construction and survey evidence. The case revolved…

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Missed Deadlines and Defaulted Defendants: Crocs Loses Appeal Over Imitation Clogs

CROCS, INC. v. ITC Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the importance of timely appeals and the limits of relief when some parties default in trademark disputes at the International Trade Commission (ITC).…

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When Is a Sale “For Exportation to the United States”? Federal Circuit Clarifies Customs Valuation Rules

MIDWEST-CBK, LLC v. US Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision sheds light on how U.S. Customs and Border Protection (CBP) should value imported goods when the sales process involves multiple countries and steps. The case involved…

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Federal Circuit Upholds PTAB Rulings on MIT and EBS Engine Patents

ETHANOL BOOSTING SYSTEMS, LLC v. FORD MOTOR COMPANY Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed three Patent Trial and Appeal Board (PTAB) decisions that found several engine-related patents owned by the Massachusetts Institute of Technology (MIT) and…

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The Copyright Claims Board faces Challenges Three Years In

Authored by: Jeremy J. Gustrowsky The Copyright Claims Board (CCB) was created as a more accessible and affordable alternative to federal court for resolving small copyright disputes. Established by the CASE Act of 2020, it began operations in the summer…

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