Claiming the Impossible: Clear Claims Can Still Fail for Lack of Enablement

SATIUS HOLDING, LLC v. SAMSUNG ELECTRONICS CO., LTD. Authored by: Jeremy J. Gustrowsky A patent claim that covers something physically impossible is not necessarily unclear. But as Satius Holding learned, clarity will not save it. The Federal Circuit disagreed with…

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Federal Circuit Tells Trial Court to Explain Why Ignoring Red Flags About Patent Eligibility Wasn’t Sanctionable

EPIC TECH, LLC v. PEN-TECH ASSOCIATES, INC. Authored by: Jeremy J. Gustrowsky A patent owner that pressed an infringement suit despite a stack of warning signs about its patent’s validity will get another look from the district court, after the…

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Splitting a Patent in Two Doesn’t Create Two Cases: Appeal Tossed for Lack of a Final Judgment

PARKERVISION, INC. v. QUALCOMM INCORPORATED Authored by: Jeremy J. Gustrowsky A long-running dispute between ParkerVision and Qualcomm has produced a useful reminder about appellate timing: a district court generally cannot carve up a single patent and send only part of…

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Federal Circuit Leaves Intact a Ruling That Treatment Method Claims Can Survive Even If the Recited Antibody Genus Is Not Enabled

TEVA PHARMACEUTICALS INTERNATIONAL GMBH v. ELI LILLY AND COMPANY Authored by: Jeremy J. Gustrowsky The Federal Circuit has declined to take a second look at one of its more consequential enablement decisions of the year, denying Eli Lilly and Company’s…

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Theoretical Double Counting Is Not Enough to Undo an Antidumping Investigation, Federal Circuit Rules

TENARIS BAY CITY, INC. v. US Authored by: Jeremy J. Gustrowsky Before the Commerce Department can launch an antidumping investigation, it has to confirm that the petition asking for one was actually filed “by or on behalf of the industry.”…

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A Sealed Black Tube Is Not a Public Disclosure: Oilfield Patent Verdict Wiped Out

NCS MULTISTAGE INC. v. NINE ENERGY SERVICE, INC. Authored by: Jeremy J. Gustrowsky A jury win for NCS Multistage against Nine Energy Service has been vacated, with the Federal Circuit rejecting two of the district court’s claim constructions and holding…

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Turning to Litigation Isn’t the Same as Going Out of Business, Federal Circuit Tells District Court

TEXASLDPC INC. v. BROADCOM INC. Authored by: Jeremy J. Gustrowsky A university spinoff that ran out of customers and pivoted to enforcing its patents can keep its lawsuit alive and pursue it without dragging the university into court. In a…

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One Word in a Claim Preamble Sank a Spinal Implant Patent Owner’s Infringement Case

MOSKOWITZ FAMILY LLC v. GLOBUS MEDICAL, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit has affirmed a complete defense win for Globus Medical in a long-running patent dispute over spinal fusion implants and the surgical tools used to place…

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A Software Licensor’s $82 Million Verdict Is Back, and Trade Secret Owners Get a Second Damages Option

VERSATA SOFTWARE, LLC v. FORD MOTOR COMPANY Authored by: Jeremy J. Gustrowsky Ford Motor Company hired Versata (formerly Trilogy) to build software that would help it configure vehicles more efficiently. Versata delivered two programs: the Automotive Configuration Manager, or ACM,…

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Alternative Findings Rescue a Board Ruling That Wiped Out Memory Module Patent Claims

NETLIST, INC. v. MICRON TECHNOLOGY, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit affirmed a Patent Trial and Appeal Board decision holding every challenged claim of Netlist’s U.S. Patent No. 10,949,339 unpatentable as obvious. The patent covers computer memory…

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Claiming an Optimized Result Sinks Half of a TV Broadcast Patent Portfolio

CONSTELLATION DESIGNS, LLC v. LG ELECTRONICS, INC. Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision drew a sharp line between claims that recite an optimized outcome and claims that recite the specific thing the inventors actually built. The…

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Chemical Name Plus “Crystalline” Was Enough: Federal Circuit Upholds Broad Polymorph Claims for Cancer Drug

EXELIXIS, INC. v. MSN LABORATORIES PRIVATE LTD. Authored by: Jeremy J. Gustrowsky The Federal Circuit has affirmed that a patent specification describing a salt’s chemical name, formula, and crystalline nature adequately supports claims covering all crystalline forms of that salt,…

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