Federal Circuit IP Digest
Federal Circuit Revives Amarin’s Patent Case Over “Skinny Label” Generic Vascepa®
December 2, 2025
Amarin Pharma, Inc. v. Hikma Pharms. USA Inc Authored by: Jeremy J. Gustrowsky The Federal Circuit recently revived Amarin Pharma’s patent infringement case against Hikma Pharmaceuticals, clarifying when generic drug makers can be liable for inducing off-label use, even after…
Read MoreWhen Are Patent Claim Inputs Truly “Distinct”? Court Clarifies in Smart Thermostat Patent Dispute
December 2, 2025
Google LLC v. Ecofactor, Inc Authored by: Jeremy J. Gustrowsky A recent decision involving Google LLC and EcoFactor, Inc. sheds light on how patent claims should be interpreted, especially when it comes to whether listed inputs in a method claim…
Read MoreFederal Circuit Clarifies Double Patenting and Written Description in Allergan v. MSN Labs
December 2, 2025
Allergan USA, Inc. v. MSN Labs. Priv. Ltd Authored by: Jeremy J. Gustrowsky In a significant decision for pharmaceutical patent holders, the Federal Circuit reversed a district court’s ruling that had invalidated several Allergan patents related to the drug eluxadoline,…
Read MoreFederal Circuit Admonishes District Court for Deciding Patent Eligibility Issue That Neither Party Raised
December 2, 2025
Astellas Pharma, Inc. v. Sandoz Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit vacated a district court ruling that had invalidated key claims of Astellas Pharma’s patent for its overactive bladder drug, Myrbetriq® (U.S. Patent…
Read MoreCourt Affirms Judge’s Power to Order In-Person Testimony in Patent Fraud Inquiry
December 2, 2025
Backertop Licensing LLC v. Canary Connect, Inc Authored by: Jeremy J. Gustrowsky A recent decision highlights the broad authority federal judges have to require key individuals to appear in person, especially when investigating possible fraud in patent litigation. In Backertop…
Read MorePatent Law Preempts State Claims in BearBox v. Lancium Dispute Over Bitcoin Mining Tech
December 2, 2025
BearBox LLC v. Lancium LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a win for Lancium LLC in a dispute brought by BearBox LLC and its founder, Austin Storms, over patented technology for managing…
Read MoreCourt Rejects $85 Million Copyright Damages Demand, Sides with Navy’s “Usage-Based” Approach
December 2, 2025
Bitmanagement Software GmbH v. United States Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a much smaller damages award for Bitmanagement Software GmbH after the U.S. Navy was found to have infringed its copyright on…
Read MoreAlexa’s Shopping List Feature Survives Patent Challenge Over Voice-Processing Technology
December 2, 2025
Freshub, Inc. v. Amazon.com, Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit has clarified the boundaries of patent infringement when it comes to voice-processing technology, specifically in the context of Amazon’s Alexa shopping-list feature. Freshub,…
Read MoreFederal Circuit Affirms: Video-On-Demand Guide Patents Fail Under Section 101
December 2, 2025
Broadband iTV, Inc. v. Amazon.Com, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that several patents owned by Broadband iTV, Inc. covering electronic program guides for video-on-demand systems are not eligible for patent protection…
Read MoreCognac vs. Cologne: When Spirits and Hip-Hop Collide in Trademark Law
December 2, 2025
Bureau Nat’l Interprofessionnel DU Cognac v. Cologne Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed a unique trademark dispute between the French organizations responsible for protecting the COGNAC certification mark and a hip-hop record label…
Read MoreSecret Process Sales Still Trigger On-Sale Bar Under the AIA, Says Federal Circuit
December 2, 2025
Celanese Int’l Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners and applicants, the Federal Circuit has reaffirmed that selling products made by a secret process before filing for a patent can…
Read MorePink Hip Implants Lose Trademark Protection: Federal Circuit Says Color Is Functional
December 2, 2025
CeramTec GmbH v. CoorsTek Bioceramics LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the cancellation of CeramTec GmbH’s trademarks for the pink color used in its ceramic hip implant components. CeramTec, a manufacturer of…
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