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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 MoreSupreme Court Says Providing Internet Service to Known Copyright Infringers Isn’t Enough for Liability
March 25, 2026
COX COMMUNICATIONS v. SONY MUSIC Authored by: Jeremy J. Gustrowsky The Supreme Court handed down a major decision on secondary copyright liability, ruling that an internet service provider cannot be held liable for its subscribers’ copyright infringement simply because it…
Read MoreUSPTO Final Rule: Mandatory US Representation for Foreign Patent Applicants and Owners – Effective 20 July 2026
March 20, 2026
Authored by: Michael M. Morris and Jeremy J. Gustrowsky The United States Patent and Trademark Office has published a final rule requiring patent applicants and patent owners who are not domiciled in the United States or its territories to be…
Read MoreUSPTO Launches AI Tool That Cuts Trademark Classification Time from Five Months to Five Minutes
March 19, 2026
Authored by: Jeremy J. Gustrowsky The United States Patent and Trademark Office (USPTO) recently announced the release of a new artificial intelligence tool designed to speed up one of the most time-consuming steps in trademark application processing. Called the “Classification…
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…
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