Tag: Jeremy J. Gustrowsky
Federal Circuit Requires Written Description Support for Provisional Applications to Serve as Prior Art Under the AIA
August 10, 2026
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…
Read MoreCommerce’s 15-Day Deadline for Sunset Review Participation Survives Court Challenge
August 7, 2026
ARCHROMA U.S., INC. v. DEPT. OF COMMERCE Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a Court of International Trade decision that had struck down a Department of Commerce regulation requiring domestic interested parties to file a notice of…
Read MoreFederal Circuit Unplugs Preliminary Injunction Over Faulty Claim Constructions in Outlet Cover Dispute
August 4, 2026
SOCKET SOLUTIONS, LLC v. IMPORT GLOBAL, LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit vacated a preliminary injunction that had barred Import Global from making or selling its Neat Socket product, finding that the district court misconstrued two key…
Read MoreFederal Circuit Reverses $42M Verdict, Finds Stent Patent Anticipated by Chewing Gum Reference
July 27, 2026
BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS v. BOSTON SCIENTIFIC CORP. Authored by: Jeremy Gustrowsky The Federal Circuit has reversed a Delaware jury verdict that found Boston Scientific liable for infringing a University of Texas patent covering drug-releasing biodegradable…
Read MoreSandwich Panel Roll-Up Door Escapes Preliminary Injunction on Insulated Door Patent
July 13, 2026
RIDGE CORP. v. KIRK NATIONALEASE CO. Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a preliminary injunction that had blocked a group of trailer parts companies from selling a roll-up truck door accused of infringing an insulated overhead door…
Read MoreAI Coding Tools Have Revolutionized Software Development and The Law Is Scrambling to Keep Up
July 10, 2026
Authored by: Jeremy J. Gustrowsky and Charles P. Schmal Artificial intelligence has fundamentally changed the way software is written, and tools like Claude Code, Cursor, Devin, Windsurf, Lovable, and GitHub Copilot sit at the center of one of the most…
Read MoreFederal Circuit Wipes Out $107.5M Verdict, Finds Cancer Treatment Patents Lack Enablement
July 9, 2026
WYETH LLC v. ASTRAZENECA PHARMACEUTICALS LP Authored by: Jeremy J. Gustrowsky The Federal Circuit has affirmed a Delaware district court’s decision to overturn a jury verdict and invalidate two Wyeth cancer treatment patents for lack of enablement, erasing a $107.5…
Read MoreFederal Circuit Sends “Executable Program Code” Indefiniteness Ruling Back for a Second Look
July 2, 2026
TRACKTIME, LLC v. AMAZON.COM SERVICES LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit issued a mixed decision involving two patents owned by TrackTime, LLC that were asserted against Amazon.com Services LLC and Audible, Inc. The patents (U.S. Patent Nos.…
Read MoreFederal Circuit Upholds Injunction Blocking Generic Nuedexta, But Sends Bond Waiver Back to District Court
July 1, 2026
OTSUKA AMERICA PHARMACEUTICAL, INC. v. HETERO LABS LIMITED Authored by: Jeremy J. Gustrowky The Federal Circuit has affirmed a preliminary injunction preventing Hetero Labs Limited from launching a generic version of Nuedexta, a drug used to treat pseudobulbar affect and…
Read MoreA Single Carbon Atom Costs Enanta Its Priority Date in COVID Drug Patent Battle
June 23, 2026
ENANTA PHARMACEUTICALS, INC. v. PFIZER INC. Authored by: Jeremy J. Gustrowsky In a decision highlighting the unforgiving nature of the written description requirement, the Federal Circuit affirmed a summary judgment ruling that Enanta Pharmaceuticals’ U.S. Patent 11,358,953 is invalid as…
Read MoreFederal Circuit Raises the Bar on IPR Estoppel: Classification Searches Alone May Not Be Enough
June 18, 2026
IRONBURG INVENTIONS LTD. v. VALVE CORPORATION Authored by: Jeremy J. Gustrowsky In a second trip to the Federal Circuit involving a video game controller patent dispute, the court has provided important guidance on what it takes to prove that a…
Read MoreSotera Stipulation Violations Won’t Save Your Patent Once IPR Is Underway
June 5, 2026
HAFEMAN v. GOOGLE LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit recently addressed whether a patent owner can challenge a final written decision based on a defendant’s post-institution violation of a Sotera stipulation, along with claim construction and secondary…
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