Federal Circuit IP Digest
Federal Circuit Finds “Payment Handler” Patent Claims Indefinite for Lack of Structure
December 2, 2025
Fintiv, Inc. v. Paypal Holdings, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for software patents, the Federal Circuit recently affirmed the invalidation of several Fintiv, Inc. patents for indefiniteness, holding that the term “payment handler” failed to…
Read MoreGovernment Wins Key Data Rights Dispute Over Flight Simulator Technical Data
December 2, 2025
Flightsafety Int’l Inc. v. Sec’y of the A.F Authored by: Jeremy J. Gustrowsky In a significant decision for government contractors, the Federal Circuit in FlightSafety Int’l Inc. v. Secretary of the Air Force affirmed that the U.S. government has broad,…
Read MoreFederal Circuit Clarifies “Comprising Tungsten” Means Elemental Tungsten—But Patent Still Obvious
December 2, 2025
HD Silicon Sols. LLC v. Microchip Tech. Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed a key issue in the patent dispute between HD Silicon Solutions LLC and Microchip Technology Inc. over U.S. Patent…
Read MoreWhen Is a Trademark Too Descriptive? Federal Circuit Affirms “iVoterGuide” Is Not Protectable
December 2, 2025
Heritage All. v. Am. Pol’y Roundtable Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit offers important lessons for anyone hoping to protect a descriptive brand name as a trademark. In Heritage Alliance v. American Policy Roundtable,…
Read MoreFederal Circuit Affirms Obviousness Ruling for ImmunoGen’s Cancer Drug Dosing Patent Application
December 2, 2025
ImmunoGen, Inc. v. Stewart Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that ImmunoGen, Inc. was not entitled to a patent for a specific dosing regimen of its cancer drug, IMGN853 (mirvetuximab soravtansine), used to…
Read MorePatent Provisional Rights Don’t Outlive Patent Expiration, Says Federal Circuit
December 2, 2025
In re Forest Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified that “provisional rights” to a patent cannot exist if the patent itself is already expired by the time it issues. The case involved Donald…
Read MoreFederal Circuit Affirms Refusal to Register “US SPACE FORCE” Trademark Due to False Suggestion of Connection with U.S. Government
December 2, 2025
In re Foster Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the refusal to register the trademark “US SPACE FORCE” for private use, finding that it would falsely suggest a connection with the United States…
Read MorePatent Reissue Claims: Federal Circuit Says Actual Claim Language, Not Inventor Intent, Controls Scope
December 2, 2025
In re Kostic Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified an important rule for patent owners seeking to broaden their claims through a reissue: what matters is the actual language of the original claims,…
Read MoreColor Alone Isn’t Enough: Federal Circuit Affirms Dark Green Medical Glove Color Is Generic, Not a Trademark
December 2, 2025
In re PT Medisafe Techs Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit Court affirmed that PT Medisafe Technologies could not register the dark green color (Pantone 3285c) used on its chloroprene medical examination gloves as…
Read MoreIn re Riggs Clarifies Who Gets the Benefit of a Provisional Patent’s Filing Date
December 2, 2025
In re Riggs Authored by: Jeremy J. Gustrowsky The Federal Circuit recently decided In re Riggs which sheds new light on when a published patent application can use the filing date of its earlier provisional application to qualify as prior…
Read MoreFederal Circuit Denies SAP’s Request to Move Patent Case Within Texas
December 2, 2025
In re SAP Am., Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit denied SAP America, Inc.’s attempt to move a patent infringement lawsuit from one division of the Eastern District of Texas (Marshall) to another…
Read MoreFrench Fashion Brand Blocked from Registering “VETEMENTS” as a U.S. Trademark
December 2, 2025
In re Vetements Grp. AG Authored by: Jeremy J. Gustrowsky In a recent decision, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark “VETEMENTS” for clothing and online retail clothing store services. The…
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