The Technology & Information Law Blog
Analysis by Charles Gideon Korrell
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The Federal Circuit’s decision in AML IP, LLC v. Bath & Body Works Direct, Inc., Case No. 2025-1280 (Fed. Cir. Aug. 28, 2026), holds that a district court may, in appropriate circumstances, decide a fully briefed merits defense even after concluding that patent venue is improper. Because venue is a waivable protection belonging to the…
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The Federal Circuit’s precedential decision in T-Mobile US, Inc. v. KAIFI LLC, Case No. 2025-1006 (Fed. Cir. Aug. 28, 2026), draws an important boundary between patent litigation and commercial disputes involving patents. A state-law contract claim does not fall within the Federal Circuit’s exclusive appellate jurisdiction merely because one party’s preferred interpretation would require deciding questions of prosecution…
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The Federal Circuit’s decision in US Inventor, Inc. v. Squires, Case No. 24-2378 (Fed. Cir. Aug. 21, 2026), reinforces a significant obstacle facing organizations seeking judicial review of federal patent policy: neither resources spent responding to government conduct nor a member’s completed past injury necessarily creates Article III standing to seek prospective relief. Applying the Supreme Court’s decision…
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A patent owner that makes no products of its own can still lose pre-suit damages when its licensees sell unmarked patented products. In VDPP, LLC v. Volkswagen Group of America, Inc., Case No. 24-2226 (Fed. Cir. August 19, 2026), the Federal Circuit affirmed dismissal of a patent-infringement action because VDPP could not plausibly allege compliance with…
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The Federal Circuit’s decision in The Nielsen Company (US), LLC v. TVision Insights, Inc., Case No. 25-1371 (Fed. Cir. August 14, 2026), illustrates a recurring tension in patent law: the breadth that gives a patent claim commercial value can also make the claim more difficult to defend against prior art. Nielsen argued that prior art concerning…
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The Federal Circuit’s August 11, 2026 order denying panel rehearing and rehearing en banc in Range of Motion Products, LLC v. Armaid Company Inc., Case No. 23-2427 (Fed. Cir. August 11, 2026), leaves intact a precedential design patent decision that gives judges significant responsibility at two stages of infringement litigation. Courts may construe a design…
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The Federal Circuit’s decision in Dental Monitoring SAS v. Align Technology, Inc., Case No. 2025-1752 (Fed. Cir. Aug. 10, 2026), holds that a patent or published application cannot obtain the filing date of a provisional application for prior-art purposes under the America Invents Act merely because the provisional describes the subject matter being asserted as…
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The Federal Circuit’s decision in Socket Solutions, LLC v. Import Global, LLC, Case No. 2025-1121 (Fed. Cir. Aug. 4, 2026), illustrates that preliminary patent injunctions do not alter the governing standards of claim construction or equitable relief. Because a preliminary injunction can remove products from the marketplace long before infringement has been finally adjudicated, courts…
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The Federal Circuit’s decision in Board of Regents of the University of Texas System v. Boston Scientific Corp., Case Nos. 2024-2062 and 2024-2063 (Fed. Cir. July 27, 2026), reverses a patent-infringement judgment involving drug-eluting coronary stents and illustrates how a jury verdict cannot survive when the asserted distinctions from the prior art are absent from…
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The Federal Circuit’s decision in Ridge Corp. v. Kirk NationaLease Co., Case No. 25-1254 (Fed. Cir. July 13, 2026), reverses a preliminary injunction against competing manufacturers of roll-up truck doors, holding that substantial questions of noninfringement and an inadequately supported claim of irreparable harm prevented the patent owner and its licensee from obtaining extraordinary pretrial…