Federal Circuit IP Digest
Prior 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…
Read MoreNo Standing, No Appeal: Challenger’s Case Dismissed for Failing to Connect Its Products to the Patent Claims That Actually Mattered
April 7, 2026
IRONSOURCE LTD. v. DIGITAL TURBINE, INC. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit dismissed an appeal by ironSource Ltd. challenging substitute patent claims approved by the Patent Trial and Appeal Board (PTAB). The case involved…
Read MoreLost Inventor, Lost Patents: Why You Can’t Fix What You Can’t Find
April 2, 2026
FORTRESS IRON, LP v. DIGGER SPECIALTIES, INC. Authored by: Jeremy J. Gustrowsky Fortress Iron, LP learned a costly lesson about inventorship when the Federal Circuit affirmed that two of its patents were invalid because a coinventor could not be located…
Read MoreNo 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…
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