In a decisive reversal, the Federal Circuit handed Boston Scientific Corporation a complete victory in Board of Regents of the University of Texas System v. Boston Scientific Corp., vacating a jury verdict that had found Boston Scientific’s drug-eluting coronary stent infringed the University of Texas’s patent for drug-releasing biodegradable fiber implants. The Federal Circuit
In Ollnova Technologies Ltd. v. ecobee Technologies ULC, the Federal Circuit handed Ollnova a string of doctrinal wins — three of its four patents cleared the patent eligibility hurdle under 35 U.S.C. § 101 — only to throw out the entire $11.5 million verdict over a single defect in the verdict form. This decision
On October 17, 2025, USPTO Director John Squires issued a memorandum announcing that he would be sole decision-maker for institution of inter partes review (IPR) and post-grant review (PGR) proceedings. In this same memo, Squires stated those decisions would be determined “based on discretionary considerations.” In the time since, Squires has used a series of
In Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (June 4, 2026), a unanimous Supreme Court has further clarified what it takes to plead — and ultimately prove — that a defendant induced another party to infringe a patent, setting a high bar for induced infringement claims. While the case arose in the context of
On June 2, 2026, the Federal Circuit issued a precedential decision in AGI SureTrack LLC v. Farmers Edge Inc. that delivered a split result — and a reminder that winning a patent case is not the same thing as collecting fees for it. The panel (Judge Haldane Robert Mayer, writing, joined by Chief Judge Kimberly
Determining the amount of disclosure sufficient to satisfy the written description and enablement requirements of 35 U.S.C. § 112(a) can be difficult, especially in the fields of biotechnology, pharmaceuticals, and other unpredictable arts. In a recent precedential decision from the Federal Circuit (Teva Pharms. Int’l GmbH v. Eli Lilly & Co.), the appellate
In mCom IP, LLC v. City National Bank of Florida, the Federal Circuit reversed an award of attorneys’ fees under 35 U.S.C. § 285 against the patent owner and sanctions under 28 U.S.C. § 1927 against its counsel, holding that neither the patent owner’s decision to litigate patent claims surviving inter partes review (IPR)
Last week in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., the Federal Circuit delivered generic drug maker Mylan Pharmaceuticals Inc. with a notable victory when it affirmed the district court’s judgment that it does not infringe Actelion Pharmaceuticals Ltd.’s patents covering the active ingredient in the pulmonary arterial hypertension drug Veletri®. In
Earlier this week in Bissell, Inc. v. International Trade Commission, the Federal Circuit affirmed the ITC’s determination that Tineco’s original wet/dry surface cleaning devices infringed Bissell’s patents and were properly subject to a limited exclusion order. But Tineco managed to stay one step ahead of the ban by redesigning its products after the investigation
In a significant decision for telecommunications patent law, a panel of the Federal Circuit issued a mixed ruling in Constellation Designs, LLC v. LG Electronics Inc, vacating a summary judgment of patent eligibility for certain claims while affirming eligibility for others, and affirming the jury’s findings of infringement and damages. The April 28, 2026
A pending Federal Circuit decision may force licensing counsel to rethink one of the most routine provisions in patent settlement agreements — the licensee’s denial of infringement.
Patent settlement agreements usually contain a denial of liability by the defendant/licensee, e.g., “[l]icensee denies any infringement of the asserted patents.” For decades, this language has largely been