The Technology & Information Law Blog
Analysis by Charles Gideon Korrell
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The Federal Circuit’s decision in Hafeman v. Google LLC, Case No. 24-1600 (Fed. Cir. Jun. 5, 2026) addresses three recurring issues in inter partes review practice: the scope of appellate review under 35 U.S.C. § 314(d), the limits of claim construction arguments raised after PTAB proceedings have concluded, and the evidentiary burden required to establish…
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A Significant Win for Generic Drug Manufacturers The Supreme Court’s unanimous decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., Case No. 24-889 (Jun. 4, 2026), is one of the most important patent law decisions of the 2025-2026 Term. While the case arises from the pharmaceutical industry’s unique Hatch-Waxman framework, its significance extends well…
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The Federal Circuit’s decision in Ollnova Technologies Ltd. v. ecobee Technologies ULC , Case No. 25-1045 (Fed. Cir. Jun. 4, 2026 ), delivers several significant holdings for patent litigators and technology companies. The opinion addresses jury unanimity in multi-patent trials, the proper role of juries in patent eligibility disputes under Section 101, and the distinction…
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The Federal Circuit’s decision in AGI SureTrack LLC v. Farmers Edge Inc. , Case No. (Fed. Cir. Jun. 2, 2026), provides another significant reminder that patents directed to collecting, analyzing, and transmitting information remain vulnerable under 35 U.S.C. § 101, even when framed as solving industry-specific technical problems. At the same time, the court’s treatment…
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The Federal Circuit’s decision in Insulet Corp. v. EOFlow, Co. Ltd., Case No. 25-1807 (Fed. Cir. May 28, 2026), arrives just days after the court’s major trade secret decision in Versata v. Ford, continuing what is becoming a significant period of doctrinal development under the Defend Trade Secrets Act (“DTSA”). While Versata focused heavily on…
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The Federal Circuit’s recent decision in Versata Software, LLC v. Ford Motor Co., Case Nos. 24-1140, -1206, -1234 (Fed. Cir. May 22, 2026), may become one of the most important trade secret damages opinions in recent years. In a significant rebuke to the district court’s narrow approach to damages, the court held that a trade…
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The Federal Circuit’s recent decision in A.L.M. Holding Company v. Zydex Industries Private Ltd., Case No. 25-1317 (Fed. Cir. May 19, 2026), provides important clarification regarding constitutional standing in patent infringement suits where a patent owner has granted broad exclusive rights to a licensee but retained certain enforcement and economic interests. The opinion addresses a…
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The Federal Circuit’s recent decision in mCom IP, LLC v. City National Bank of Florida , Case No. 24-2089 (Fed. Cir. May 15, 2026),offers an important reminder that losing a patent case, even badly, does not automatically make a case “exceptional” under 35 U.S.C. § 285. The opinion also reinforces that sanctions against counsel under…
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The Federal Circuit’s decision in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., Case No. 24-1641 (Fed. Cir. May 13, 2026), provides an important reminder that scientific terminology in patent claims is not interpreted in a vacuum. Even seemingly straightforward numerical limitations can become highly contextual when industry standards, measurement conventions, and prosecution history intersect. In…
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When patent owners prevail in Section 337 investigations before the International Trade Commission, the resulting exclusion orders can be commercially devastating. But sophisticated respondents increasingly prepare redesign strategies while the investigation is still pending, particularly where the accused functionality is controlled through firmware or software logic. The Federal Circuit’s decision in Bissell, Inc. v. International…