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Patent Office Estoppel Rule Survives Challenge, But Its Reach Is Limited
July 26, 2024
SoftView LLC v. Apple Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit clarified how far the Patent Office can go in preventing patent owners from reclaiming lost ground after losing claims in an inter partes…
Read MoreA Win for Patent Procedure: Federal Circuit Clarifies How Patent Owners Can Fix Motion to Amend Errors
July 23, 2024
ZyXEL Commc’ns Corp. v. UNM Rainforest Innovations Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit provided important guidance on how patent owners can correct mistakes in motions to amend during inter partes review (IPR) proceedings. The…
Read MoreKoss’s Wireless Earphone Patents Knocked Out: Final Court Ruling Ends Dispute with Bose
July 19, 2024
Koss Corp. v. Bose Corp Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit dismissed the appeals in the ongoing patent dispute between Koss Corporation and Bose Corporation over wireless earphone technology. Koss, the owner of U.S.…
Read MorePatent Claims for Background Check Software Found Ineligible
July 18, 2024
Miller Mendel, Inc. v. City of Anna Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that certain patent claims covering a software system for managing pre-employment background checks are not eligible for patent protection. Miller…
Read MoreCourt Affirms Judge’s Power to Order In-Person Testimony in Patent Fraud Inquiry
July 16, 2024
Backertop Licensing LLC v. Canary Connect, Inc Authored by: Jeremy J. Gustrowsky A recent decision highlights the broad authority federal judges have to require key individuals to appear in person, especially when investigating possible fraud in patent litigation. In Backertop…
Read MoreCancer Test Patent Dispute Leads to Preliminary Injunction Against NeoGenomics
July 12, 2024
Natera, Inc. v. NeoGenomics Labs., Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the importance of patent rights in the competitive world of cancer diagnostics. Natera, Inc., a company specializing in oncology testing, secured…
Read MoreFederal Circuit Revives Amarin’s Patent Case Over “Skinny Label” Generic Vascepa®
June 25, 2024
Amarin Pharma, Inc. v. Hikma Pharms. USA Inc Authored by: Jeremy J. Gustrowsky The Federal Circuit recently revived Amarin Pharma’s patent infringement case against Hikma Pharmaceuticals, clarifying when generic drug makers can be liable for inducing off-label use, even after…
Read MoreRemote Gambling Patent Claims Dealt a Loss Under Patent Eligibility Rules
June 21, 2024
Beteiro, LLC v. Draftkings Inc. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the dismissal of several patent infringement lawsuits brought by Beteiro, LLC against major online gambling companies like DraftKings, BetMGM, and others. Beteiro…
Read MoreCourt Reverses Broad Trade Secret Injunction in Insulin Pump Dispute
June 17, 2024
Insulet Corp. v. EOFlow, Co Authored by: Jeremy J. Gustrowsky A recent decision highlights the high bar companies must clear to win a preliminary injunction in trade secret cases. Insulet Corp., a maker of wearable insulin pumps, had obtained a…
Read MoreJury’s $20 Million Patent Verdict Against Google’s Nest Thermostats Upheld
June 3, 2024
EcoFactor, Inc. v. Google LLC Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit has affirmed a jury’s $20 million verdict against Google, finding that its Nest smart thermostats infringed EcoFactor, Inc.’s U.S. Patent No. 8,738,327. The…
Read MorePatent Time Limits: When Amending Claims Can Cost You the Patent
May 23, 2024
Speck v. Bates Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights the importance of timing and claim amendments in patent interference proceedings. The dispute centered on a drug-coated balloon catheter, with Ulrich Speck and Bruno Scheller challenging…
Read MoreMinority Owner of Winery Lacks Standing to Cancel Confusing Trademarks
May 23, 2024
Luca McDermott Catena Gift Trust v. Fructuoso-Hobbs SL Authored by: Jeremy J. Gustrowsky A recent decision from the United States Court of Appeals for the Federal Circuit highlights the limits on who can challenge registered trademarks at the U.S. Patent…
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