Federal Circuit IP Digest
Patent 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…
Read MoreFederal Circuit Reverses $42M Verdict, Finds Stent Patent Anticipated by Chewing Gum Reference
July 27, 2026
BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS v. BOSTON SCIENTIFIC CORP. Authored by: Jeremy Gustrowsky The Federal Circuit has reversed a Delaware jury verdict that found Boston Scientific liable for infringing a University of Texas patent covering drug-releasing biodegradable…
Read MoreSandwich Panel Roll-Up Door Escapes Preliminary Injunction on Insulated Door Patent
July 13, 2026
RIDGE CORP. v. KIRK NATIONALEASE CO. Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a preliminary injunction that had blocked a group of trailer parts companies from selling a roll-up truck door accused of infringing an insulated overhead door…
Read MoreFederal Circuit Wipes Out $107.5M Verdict, Finds Cancer Treatment Patents Lack Enablement
July 9, 2026
WYETH LLC v. ASTRAZENECA PHARMACEUTICALS LP Authored by: Jeremy J. Gustrowsky The Federal Circuit has affirmed a Delaware district court’s decision to overturn a jury verdict and invalidate two Wyeth cancer treatment patents for lack of enablement, erasing a $107.5…
Read MoreFederal Circuit Sends “Executable Program Code” Indefiniteness Ruling Back for a Second Look
July 2, 2026
TRACKTIME, LLC v. AMAZON.COM SERVICES LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit issued a mixed decision involving two patents owned by TrackTime, LLC that were asserted against Amazon.com Services LLC and Audible, Inc. The patents (U.S. Patent Nos.…
Read MoreFederal Circuit Upholds Injunction Blocking Generic Nuedexta, But Sends Bond Waiver Back to District Court
July 1, 2026
OTSUKA AMERICA PHARMACEUTICAL, INC. v. HETERO LABS LIMITED Authored by: Jeremy J. Gustrowky The Federal Circuit has affirmed a preliminary injunction preventing Hetero Labs Limited from launching a generic version of Nuedexta, a drug used to treat pseudobulbar affect and…
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