Federal Circuit IP Digest
No Do-Overs: Refiling a Complaint Won’t Restart the Clock for Mandatory ITC Stays
March 26, 2026
ASCENDIS PHARMA A/S v. BIOMARIN PHARMACEUTICAL INC. Authored by: Jeremy J. Gustrowsky When patent litigation heats up in both the International Trade Commission and federal district court simultaneously, respondents have a statutory right to pause the district court case. But…
Read MoreFederal Circuit Upholds Import Ban on Apple Watch Over Blood Oxygen Sensor Patents
March 19, 2026
APPLE INC. v. ITC Authored by: Jeremy J. Gustrowsky The Federal Circuit has affirmed the International Trade Commission’s finding that Apple violated Section 337 of the Tariff Act by importing Apple Watch models that infringed patents owned by Masimo Corporation…
Read MoreFederal Circuit Says You Can’t Disqualify Patent Structure Just Because It Doesn’t Do Something the Claim Never Required
March 11, 2026
GRAMM v. DEERE & COMPANY Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a district court’s finding that U.S. Patent No. 6,202,395 was invalid as indefinite, holding that the lower court improperly excluded a key piece of corresponding structure…
Read MoreA Conflict of Interest Doesn’t Destroy Attorney-Client Privilege, Federal Circuit Rules
March 11, 2026
TRUSTEES OF COLUMBIA UNIVERSITY v. GEN DIGITAL INC. Authored by: Jeremy J. Gustrowsky In a case involving Columbia University’s patent dispute with Gen Digital (formerly Symantec/NortonLifeLock), the Federal Circuit reversed a civil contempt finding against the law firm Quinn Emanuel…
Read MoreFederal Circuit Sends Columbia University’s Antivirus Patents Back for Another Look at Eligibility
March 11, 2026
TRUSTEES OF COLUMBIA UNIVERSITY v. GEN DIGITAL INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit vacated a $185 million jury verdict in favor of Columbia University against Gen Digital Inc. (the company behind Norton antivirus software), finding that Columbia’s…
Read MorePost-Decision Inventorship Correction Argument Fails to Override Forfeiture in IPR Proceedings
March 9, 2026
IMPLICIT, LLC v. SONOS, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed that a patent owner cannot rely on a post-decision correction of inventorship to reopen final written decisions in inter partes review proceedings. The case centered…
Read MoreNo Infringement for One Structure Providing Multiple Functions
March 6, 2026
MAGNOLIA MEDICAL TECHNOLOGIES, INC. v. KURIN, INC. Authored by: Jeremy J. Gustrowsky When blood is drawn from a patient, microbes on the skin can contaminate the sample, leading to false-positive test results and unnecessary treatments. Both Magnolia Medical Technologies and…
Read MoreFederal Circuit Says Damages Can Be Tied to Unaccused Products When There’s a Causal Link
March 6, 2026
EXAFER LTD v. MICROSOFT CORPORATION Authored by: Jeremy J. Gustrowsky Exafer Ltd. sued Microsoft Corporation, alleging that Microsoft’s Azure Platform infringed two of Exafer’s patents: U.S. Patent Nos. 8,325,733 and 8,971,335. These patents relate to systems and methods for optimizing…
Read MoreInventor’s “Not Sure It’s a Good Idea to Disclose” Comment Wasn’t Enough for Summary Judgment on Inequitable Conduct
February 26, 2026
GLOBAL TUBING LLC v. TENARIS COILED TUBES LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit vacated summary judgment on both sides of a dispute over coiled tubing patents, finding that genuine factual disputes remained about whether an inventor deliberately…
Read MoreGenetically Engineered Host Cells Are Not “Nature’s Handiwork,” Federal Circuit Rules
February 20, 2026
REGENXBIO INC. v. SAREPTA THERAPEUTICS, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a district court decision that had invalidated claims of U.S. Patent No. 10,526,617 as patent-ineligible under 35 U.S.C. § 101. The patent, owned by REGENXBIO…
Read MorePatent Owner’s Shortcut Through a Complex Circuit Leads to Dead End on Infringement
February 19, 2026
GENUINE ENABLING TECHNOLOGY LLC v. SONY GROUP CORPORATION Authored by: Jeremy J. Gustrowsky When a patent claim uses “means-plus-function” language, it doesn’t describe a specific physical structure. Instead, it describes a *function*, and the patent’s specification fills in the blanks…
Read MoreFederal Circuit Illuminates the Line Between Expert Admissibility and Credibility in $42 Million Christmas Tree Patent Verdict
February 17, 2026
WILLIS ELECTRIC CO., LTD. v. POLYGROUP LTD. Authored by: Jeremy J. Gustrowsky The Federal Circuit affirmed a $42.5 million jury verdict in a patent dispute over pre-lit artificial Christmas trees, providing important guidance on when expert testimony on damages should…
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