The Technology & Information Law Blog
Analysis by Charles Gideon Korrell
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Introduction The Federal Circuit’s decision in Otsuka America Pharmaceutical, Inc. v. Hetero Labs Limited, Case No. 2025-2016 (Fed. Cir. July 1, 2026), upheld a preliminary injunction delaying the launch of a generic version of Nuedexta but vacated the district court’s decision allowing the patent owner to obtain that injunction without posting security under Federal Rule…
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Introduction The Federal Circuit’s decision in Enanta Pharmaceuticals, Inc. v. Pfizer Inc., Case No. 2025-1427 (Fed. Cir. June 23, 2026), holds that a later patent cannot claim the filing date of a provisional application when the provisional expressly discloses a different chemical range, even if the applicant contends that the difference resulted from a typographical…
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Introduction The Federal Circuit’s decision in Ironburg Inventions Ltd. v. Valve Corp., Case No. 2024-2088 (Fed. Cir. June 18, 2026), limits when a patent owner may use inter partes review estoppel to prevent an accused infringer from asserting prior-art invalidity grounds in district court. The court held that a reference is not necessarily discoverable merely…
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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…