Federal Circuit IP Digest
Federal Circuit Finds “Payment Handler” Patent Claims Indefinite for Lack of Structure
April 30, 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 MoreColor Alone Isn’t Enough: Federal Circuit Affirms Dark Green Medical Glove Color Is Generic, Not a Trademark
April 29, 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 MoreFederal Circuit Clarifies Limits on Using “Admitted Prior Art” in Patent Challenges
April 23, 2025
Qualcomm Inc. v. Apple Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent law, the Federal Circuit has clarified how “applicant admitted prior art” (AAPA) can—and cannot—be used in inter partes review (IPR) proceedings. The case involved…
Read MoreFederal Circuit Says Applying Machine Learning to New Fields Isn’t Enough for a Patent
April 18, 2025
Recentive Analytics, Inc. v. Fox Corp Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit tackled whether simply using machine learning in a new context—like TV scheduling or network mapping—can make an invention eligible for a patent.…
Read MoreUK “Sterile” Label Sinks US Patent Claims: Sage Products Loses Appeal Over Chlorhexidine Patent
April 15, 2025
Sage Prods., LLC v. Stewart Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the invalidation of two patents owned by Sage Products, LLC, relating to sterilized chlorhexidine products used for skin disinfection. The patents in…
Read MoreFederal Circuit Denies SAP’s Request to Move Patent Case Within Texas
April 10, 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 MoreWhen Is a Trademark Too Descriptive? Federal Circuit Affirms “iVoterGuide” Is Not Protectable
April 9, 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 MorePatent Owner’s Own Words Sink Infringement Case Over Vancomycin Liquid Formulation
April 8, 2025
Azurity Pharms., Inc. v. Alkem Labs. Ltd Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that Azurity Pharmaceuticals, Inc. could not enforce its U.S. Patent No. 10,959,948 against Alkem Laboratories Ltd. because Azurity had clearly…
Read MoreTrade Secret Law Clarified: When Does a Secret Stop Being a Secret?
April 4, 2025
Ams-Osram USA Inc. v. Renesas Elecs. Am., Inc Authored by: Jeremy J. Gustrowsky In the recent case of Ams-Osram USA Inc. v. Renesas Electronics America, Inc., the Federal Circuit addressed several important issues in trade secret and contract law, especially…
Read MorePatent Provisional Rights Don’t Outlive Patent Expiration, Says Federal Circuit
April 3, 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 MoreIn re Riggs Clarifies Who Gets the Benefit of a Provisional Patent’s Filing Date
March 24, 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 Clarifies Limits on Patent Damages for Convoyed Sales in Car Wash System Dispute
March 24, 2025
Wash World Inc. v. Belanger Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed important issues about patent claim construction and damages in the case of Wash World Inc. v. Belanger Inc., involving a patented…
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