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News & Updates

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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Wrong Venue and a Dead Patent: Federal Circuit Says a District Court Can Deliver Both Blows at Once

AML IP, LLC v. BATH & BODY WORKS DIRECT, INC. Authored by: Jeremy J. Gustrowsky A patent owner that lost a case on two independent grounds recently asked the Federal Circuit to erase one of them. AML IP, LLC sued…

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One Word in a Settlement Agreement Sends a Patent Dispute to the Fifth Circuit

T-MOBILE US, INC. v. KAIFI LLC Authored by: Jeremy J. Gustrowsky A dispute over what it means for a patent claim to “survive” a reexamination turned out not to be a patent case at all, at least not for jurisdictional…

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Inventor Groups Lack Standing to Challenge “Right to Exclude” Language on Patent Covers

US INVENTOR, INC. v. SQUIRES Authored by: Jeremy J. Gustrowsky Every U.S. patent issued by the Patent and Trademark Office (PTO) bears cover language stating that the patent grants the owner “the right to exclude others from making, using, offering…

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Woodard, Emhardt, Henry, Reeves & Wagner, LLP Partners Named The Best Lawyers in America© 2027

We are excited to announce that several partners from Woodard, Emhardt, Henry, Reeves & Wagner, LLP have been recognized in the 2027 edition of Best Lawyers® in America. A special congratulations is in order for Daniel J. Lueders, who has…

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Woodard, Emhardt, Henry, Reeves & Wagner, LLP Attorneys Selected for Inclusion inBest Lawyers: Ones to Watch® 2027

Woodard, Emhardt, Henry, Reeves & Wagner, LLP is proud to share that five of our outstanding attorneys have been selected for inclusion in the esteemed Best Lawyers: Ones to Watch® 2027. This significant recognition spotlights emerging legal professionals who have…

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Patent Marking Silence Sinks Infringement Suit and Triggers Six-Figure Fee Award

VDPP, LLC v. VOLKSWAGEN GROUP OF AMERICA, INC. Authored by: Jeremy J. Gustrowsy The Federal Circuit affirmed a Texas district court’s dismissal of a patent infringement complaint, an accompanying $207,543.60 attorney fee award, and dismissed the portion of the appeal…

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Down-Sampled Faces: Federal Circuit Affirms That a Facial Expression Study Was Analogous Art for an Audience Measurement Patent 

NIELSEN COMPANY (US), LLC v. TVISION INSIGHTS, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed a Patent Trial and Appeal Board decision finding claims of Nielsen’s U.S. Patent No. 11,470,243, directed to audience measurement using cameras, unpatentable…

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Adding Any Alumina to a Magnesia Carbon Brick Puts It Outside Duty Orders, Federal Circuit Reaffirms 

FEDMET RESOURCES CORPORATION v. US Authored by: Jeremy J. Gustrowky The Federal Circuit has affirmed a decision from the U.S. Court of International Trade holding that the Department of Commerce cannot impose a five-percent alumina threshold to determine whether imported…

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Chinese Wood Flooring Importers Lose Antidumping Appeal After Failing to Preserve Arguments Below 

FUSONG JINLONG WOODEN GROUP CO., LTD. v. US Authored by: Jeremy J. Gustrowsky The Federal Circuit affirmed a Court of International Trade decision setting antidumping duties on multilayered wood flooring from China, holding that the appellants forfeited their arguments by…

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Federal Circuit Requires Written Description Support for Provisional Applications to Serve as Prior Art Under the AIA

DENTAL MONITORING SAS v. ALIGN TECHNOLOGY, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit has clarified an important question about when a patent can claim the benefit of its provisional application’s filing date for purposes of qualifying as prior…

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