In a recent precedential decision from the Federal Circuit, the appellate court explained that words of approximation like “about” are not inherently definite or indefinite — but when a patentee fails to provide sufficient guidance as to the meaning of such terms, it can be fatal to the claims. More specifically, in Enviro Tech Chemical
A recent precedential Federal Circuit decision further clarifies the limited scope of judicial review over PTAB institution-related rulings, holding that refusal by the Patent Trial and Appeal Board to resolve a disputed real-party-in-interest issue under 35 U.S.C. § 312(a)(2) is unreviewable on appeal. The April 29, 2026, decision in Federal Express Corporation v. Qualcomm Incorporated
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
Elon Musk’s year of controversy continues as startup Operation Bluebird attempts to take flight with its rival social media platform — “twitter.new” — by asking the U.S. Patent and Trademark Office (USPTO) to find that Musk’s X Corp. has abandoned its “Twitter” and “tweet” trademarks. X Corp. responded to this petition on December 16 by
If you’ve spent time in the trenches of a tech deal (as a buyer, a seller, or an advisor), you know that intellectual property (IP) representations and warranties can be a minefield. They look simple on the surface: The seller represents that they own the IP, have the right to use it, and that no
The Federal Circuit’s recent decision in Canatex Completion Solutions, Inc. v. Wellmatics, LLC is a good example of the courts’ ability to correct obvious errors in patent claims through claim construction. Indeed, the panel’s reversal of the lower court’s ruling demonstrates that judicial correction of evident errors in patent claims — even when the error
Intellectual property (IP) is one of the most important assets many technology companies will ever own. Patents are a key part of a company’s IP portfolio. Investors often view a company’s patent portfolio as a signal of innovation, defensibility, and long-term value. Yet patent strategy is rarely at the top of a founder’s to-do list
The Federal Circuit’s recent decision in Future Link Systems, LLC v. Realtek Semiconductor Corporation offers important guidance on what it means to be a “prevailing party” and the standards for awarding attorney fees, costs, and sanctions in patent litigation. This ruling, which vacated in part, affirmed in part, and remanded the district court’s decisions, is
The Federal Circuit’s recent decision in Google LLC v. Sonos, Inc. (24-1097) offers a compelling look at the evolving doctrine of prosecution laches, the written description requirement, and the practical realities of patent enforcement in the tech sector where technology typically evolves much faster than other industries. The case, which pitted two giants of the