Month: August 2025
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V.O.S. Selections v. Trump: En Banc Federal Circuit Rejects IEEPA Tariff Authority
The Federal Circuit’s recent en banc decision in V.O.S. Selections, Inc. v. United States addressing challenges to former President Trump’s sweeping tariff regime represents one of the most consequential trade-law rulings in decades. Sitting en banc, the court affirmed the core constitutional holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the…
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Hyatt v. Stewart: Prosecution Laches Survives—and Article III Still Matters—in §145 Actions
The Federal Circuit’s August 29, 2025 decision in Hyatt v. Stewart brings a long-running saga back to a firm stopping point. Once again, the court affirmed that the United States Patent and Trademark Office may rely on prosecution laches to defeat long-delayed patent applications, even when those applications are pursued through a civil action under…
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Global Health Solutions LLC v. Selner: The Federal Circuit’s First AIA Derivation Appeal Clarifies Conception, Corroboration, and Harmless Error
The Federal Circuit’s decision in Global Health Solutions LLC v. Selner marks the court’s first precedential review of an America Invents Act (AIA) derivation proceeding. In affirming the Patent Trial and Appeal Board’s judgment, the court provided much-needed guidance on how AIA derivation proceedings differ from pre-AIA interferences, how conception and communication operate under the…
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In re Brunetti: Failure to Function Gets an APA Tune-Up from the Federal Circuit
The Federal Circuit’s decision in In re Brunetti, No. 23-1539 (Fed. Cir. Aug. 26, 2025), sits at the uneasy intersection of trademark doctrine, administrative law, and cultural ubiquity. At issue was whether the word “FUCK,” sought to be registered in standard characters for a range of consumer goods and retail services, fails to function as…
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Laboratory Corp. of America Holdings v. Qiagen Sciences, LLC: When “Identical” Means Identical—and the Doctrine of Equivalents Is Not a Jury Mulligan
The Federal Circuit’s decision in Laboratory Corp. of America Holdings v. Qiagen Sciences, LLC, No. 23-2350 (Fed. Cir. Aug. 13, 2025), offers a sharp reminder that not every jury verdict survives appellate scrutiny, particularly where infringement theories stretch claim language or rely on generalized expert testimony. In a sweeping reversal, the court vacated a Delaware…
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Mondis v. LG: Federal Circuit Reverses Jury Verdict for Lack of Written Description
The Federal Circuit’s August 8, 2025 decision in Mondis Technology Ltd. v. LG Electronics Inc. is another reminder that even a hard-fought jury verdict—complete with a finding of willfulness and tens of millions of dollars in damages—can evaporate if the asserted claims cannot survive scrutiny under 35 U.S.C. § 112. Once again, the court reversed…
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Kroy IP Holdings v. Groupon: The Federal Circuit Draws a Hard Line on IPR Collateral Estoppel
The Federal Circuit’s August 1, 2025 order denying rehearing en banc in Kroy IP Holdings, LLC v. Groupon, Inc., No. 23-1359, leaves intact a panel decision that sharply limits the collateral-estoppel effect of PTAB unpatentability decisions in subsequent district court litigation. The denial is notable not because of its brevity—en banc denials are routine—but because…
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FMC Corporation v. Sharda USA, LLC: When Deleting Words Deletes Claim Scope
The Federal Circuit’s August 1, 2025 decision in FMC Corporation v. Sharda USA, LLC offers a sharp reminder that patent drafting choices—especially between provisional and non-provisional applications—have consequences that courts will enforce. The panel vacated a preliminary injunction after concluding that the district court impermissibly narrowed claim scope by importing a “stability” limitation that appeared…
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Epic Games, Inc. v. Google LLC: Affirmative Antitrust Remedies and the Ninth Circuit’s Blueprint for Reopening Digital Markets
The Ninth Circuit’s July 31, 2025 decision in Epic Games, Inc. v. Google LLC marks one of the most consequential appellate rulings on antitrust remedies in the modern platform economy. Affirming both a unanimous jury verdict and an unusually muscular permanent injunction, the court endorsed a remedial approach that goes well beyond telling a monopolist…