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Claiming an Optimized Result Sinks Half of a TV Broadcast Patent Portfolio
August 31, 2026
CONSTELLATION DESIGNS, LLC v. LG ELECTRONICS, INC. Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision drew a sharp line between claims that recite an optimized outcome and claims that recite the specific thing the inventors actually built. The…
Read MoreChemical Name Plus “Crystalline” Was Enough: Federal Circuit Upholds Broad Polymorph Claims for Cancer Drug
August 31, 2026
EXELIXIS, INC. v. MSN LABORATORIES PRIVATE LTD. Authored by: Jeremy J. Gustrowsky The Federal Circuit has affirmed that a patent specification describing a salt’s chemical name, formula, and crystalline nature adequately supports claims covering all crystalline forms of that salt,…
Read MoreWrong Venue and a Dead Patent: Federal Circuit Says a District Court Can Deliver Both Blows at Once
August 28, 2026
AML IP, LLC v. BATH & BODY WORKS DIRECT, INC. Authored by: Jeremy J. Gustrowsky A patent owner that lost a case on two independent grounds recently asked the Federal Circuit to erase one of them. AML IP, LLC sued…
Read MoreOne Word in a Settlement Agreement Sends a Patent Dispute to the Fifth Circuit
August 28, 2026
T-MOBILE US, INC. v. KAIFI LLC Authored by: Jeremy J. Gustrowsky A dispute over what it means for a patent claim to “survive” a reexamination turned out not to be a patent case at all, at least not for jurisdictional…
Read MoreInventor Groups Lack Standing to Challenge “Right to Exclude” Language on Patent Covers
August 21, 2026
US INVENTOR, INC. v. SQUIRES Authored by: Jeremy J. Gustrowsky Every U.S. patent issued by the Patent and Trademark Office (PTO) bears cover language stating that the patent grants the owner “the right to exclude others from making, using, offering…
Read MorePatent Marking Silence Sinks Infringement Suit and Triggers Six-Figure Fee Award
August 19, 2026
VDPP, LLC v. VOLKSWAGEN GROUP OF AMERICA, INC. Authored by: Jeremy J. Gustrowsy The Federal Circuit affirmed a Texas district court’s dismissal of a patent infringement complaint, an accompanying $207,543.60 attorney fee award, and dismissed the portion of the appeal…
Read MoreDown-Sampled Faces: Federal Circuit Affirms That a Facial Expression Study Was Analogous Art for an Audience Measurement Patent
August 14, 2026
NIELSEN COMPANY (US), LLC v. TVISION INSIGHTS, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed a Patent Trial and Appeal Board decision finding claims of Nielsen’s U.S. Patent No. 11,470,243, directed to audience measurement using cameras, unpatentable…
Read MoreAdding Any Alumina to a Magnesia Carbon Brick Puts It Outside Duty Orders, Federal Circuit Reaffirms
August 11, 2026
FEDMET RESOURCES CORPORATION v. US Authored by: Jeremy J. Gustrowky The Federal Circuit has affirmed a decision from the U.S. Court of International Trade holding that the Department of Commerce cannot impose a five-percent alumina threshold to determine whether imported…
Read MoreChinese Wood Flooring Importers Lose Antidumping Appeal After Failing to Preserve Arguments Below
August 11, 2026
FUSONG JINLONG WOODEN GROUP CO., LTD. v. US Authored by: Jeremy J. Gustrowsky The Federal Circuit affirmed a Court of International Trade decision setting antidumping duties on multilayered wood flooring from China, holding that the appellants forfeited their arguments by…
Read MoreFederal Circuit Requires Written Description Support for Provisional Applications to Serve as Prior Art Under the AIA
August 10, 2026
DENTAL MONITORING SAS v. ALIGN TECHNOLOGY, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit has clarified an important question about when a patent can claim the benefit of its provisional application’s filing date for purposes of qualifying as prior…
Read MoreCommerce’s 15-Day Deadline for Sunset Review Participation Survives Court Challenge
August 7, 2026
ARCHROMA U.S., INC. v. DEPT. OF COMMERCE Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a Court of International Trade decision that had struck down a Department of Commerce regulation requiring domestic interested parties to file a notice of…
Read MoreFederal Circuit Unplugs Preliminary Injunction Over Faulty Claim Constructions in Outlet Cover Dispute
August 4, 2026
SOCKET SOLUTIONS, LLC v. IMPORT GLOBAL, LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit vacated a preliminary injunction that had barred Import Global from making or selling its Neat Socket product, finding that the district court misconstrued two key…
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