Federal Circuit IP Digest
Farming Data Patents Plow Into Section 101 Trouble, But Fee Ruling Gets a Second Look
June 2, 2026
AGI SURETRACK LLC v. FARMERS EDGE INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently addressed a dispute involving patents covering automated systems for collecting and sharing farming data, finding the claims patent ineligible while also sending the attorney’s…
Read More$452 Million Trade Secret Verdict Wiped Out by Statute of Limitations Clock
May 28, 2026
INSULET CORP. v. EOFLOW, CO. LTD. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently reversed a massive trade secret misappropriation verdict, finding that the plaintiff waited too long to bring suit. The case involved competing insulin patch pumps and…
Read MoreFederal Circuit Restores Multi-Million Dollar Jury Award in Software Trade Secret Dispute
May 22, 2026
VERSATA SOFTWARE, LLC v. FORD MOTOR COMPANY Authored by: Jeremy J. Gustrowsky In a significant decision addressing trade secret damages, the Federal Circuit ruled that a software company was wrongly prevented from pursuing unjust enrichment damages, and reinstated a jury’s…
Read MoreFederal Circuit Affirms Dismissal of Banking Patent Suit but Reverses Hefty Fee Award Against Patent Owner and Counsel
May 15, 2026
MCOM IP, LLC v. CITY NATIONAL BANK OF FLORIDA Authored by: Jeremy J. Gustrowsky The Federal Circuit recently issued a decision addressing both the dismissal of a patent infringement suit and the propriety of attorneys’ fees awarded against the patent…
Read MoreWhen pH Means More Than Just a Number: Standard Temperature Wins the Day
May 13, 2026
ACTELION PHARMACEUTICALS LTD v. MYLAN PHARMACEUTICALS INC. Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision affirmed that a pharmaceutical patent’s reference to “a pH of 13 or higher” refers to a measurement taken at standard laboratory temperature (25±2°C),…
Read MoreWhen “About” Becomes Too Vague: Federal Circuit Affirms Indefiniteness in Poultry Treatment Patent
May 4, 2026
ENVIRO TECH CHEMICAL SERVICES, INC. v. SAFE FOODS CORP. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed a district court ruling that invalidated claims of a poultry processing patent owned by Enviro Tech Chemical Services, Inc., finding that…
Read MoreFederal Circuit Splits the Signal on Patent Eligibility for Digital Communication Constellations
April 28, 2026
CONSTELLATION DESIGNS, LLC v. LG ELECTRONICS INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently issued a mixed decision in a patent infringement dispute involving the technology behind modern digital television broadcasts. The case centered on patents owned by…
Read MorePrior Art Patents Sink Trade Secret Claims Over Cosmetic Implant Technology
April 17, 2026
INTERNATIONAL MEDICAL DEVICES, INC. v. CORNELL Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a multimillion-dollar trade secret verdict in a case involving competing cosmetic penile implants. Plaintiffs International Medical Devices, Inc. (IMD) and Dr. James Elist, the makers…
Read MoreWell-Known Antibodies Used in a New Way Get a Pass on Patent Disclosure Requirements
April 16, 2026
TEVA PHARMACEUTICALS INTERNATIONAL GMBH v. ELI LILLY AND COMPANY Authored by: Jeremy J. Gustrowsky A jury found that Eli Lilly willfully infringed three Teva patents covering methods of treating headaches using humanized anti-CGRP antagonist antibodies. The district court then overturned…
Read MoreEngine Tuning Patent Invalidated by Device Sold Years Before the Patent’s Priority Date
April 14, 2026
DEFINITIVE HOLDINGS v. POWERTEQ Authored by: Jeremy J. Gustrowsky The Federal Circuit affirmed that U.S. Patent No. 8,458,689 is invalid because a similar device was already being sold to the public years before the patent’s critical date. Definitive Holdings sued…
Read MoreStipulations Have Consequences: Federal Circuit Revives Patent Infringement Claims Over Multicore Processor Technology
April 14, 2026
VLSI TECHNOLOGY LLC v. INTEL CORPORATION Authored by: Jeremy J. Gustrowsky VLSI Technology LLC sued Intel Corporation for infringement of U.S. Patent No. 8,566,836, which covers methods and systems for selecting the best-performing core in a multicore processor to handle…
Read MoreStick Figure or Letter X? Trademark Board Decision Upheld in Smoking Products Dispute
April 8, 2026
FUENTE MARKETING LTD. v. VAPOROUS TECHNOLOGIES, LLC Authored by: Jeremy J. Gustrowsky Fuente Marketing Ltd., the family-owned company behind premium Dominican cigars, tried to block Vaporous Technologies, LLC from registering a trademark for use on oral vaporizers. Fuente owns two…
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