Year: 2025
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All Quiet on the IP Front: SCOTUS Declines Review in All But One IP Case in the 2024–2025 Term
In a typical show of judicial restraint, the U.S. Supreme Court has closed the books on the 2024–2025 term without granting review in any patent, copyright, or trade secret case—and issuing only one decision in a trademark dispute. Despite a slew of cert petitions involving substantial questions of procedural and substantive law, Gideon Korrell believes…
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Regents of the University of California v. Broad Institute: Federal Circuit Faults PTAB for Conflating Conception and Reduction to Practice Standards in CRISPR Interference
In a closely watched battle over the origins of one of the most transformative technologies in modern biology, the Federal Circuit has partially reversed a PTAB ruling in Regents of the University of California v. Broad Institute, Inc., No. 22-1653 (Fed. Cir. May 12, 2025). The dispute centers on who first invented the use of…
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Incyte Corp. v. Sun Pharmaceutical Industries: Federal Circuit Reverses Preliminary Injunction for Lack of Irreparable Harm
In a follow-on decision reinforcing its earlier order, the Federal Circuit in Incyte Corp. v. Sun Pharmaceutical Industries, Ltd., reversed a preliminary injunction granted by the U.S. District Court for the District of New Jersey. The district court had enjoined Sun from launching its FDA-approved drug Leqselvi, a deuterated version of ruxolitinib for treating alopecia…
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Jazz Pharmaceuticals v. Avadel CNS Pharmaceuticals: Clarifying the Limits of Injunctive Relief Under the Hatch-Waxman Safe Harbor
In the recent Federal Circuit decision Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals, LLC, the court provided critical guidance on the limits of injunctive relief relating to FDA submissions and clinical trials under the Hatch-Waxman Act. Background and Procedural History Jazz Pharmaceuticals manufactures Xywav®, currently the only FDA-approved drug for treating idiopathic hypersomnia (IH). Avadel…
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In re Thomas D. Foster, APC: Trademark Refusal Reinforces Timing and False Connection Analysis Under the Lanham Act
In a recent decision, the Federal Circuit affirmed the TTAB’s refusal to register the trademark “US SPACE FORCE,” emphasizing critical considerations under § 2(a) of the Lanham Act related to false suggestions of a connection. This ruling highlights the significance of timing in trademark analysis and clarifies the factors influencing determinations of false associations with…
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Epic v. Apple: Apple Seeks Emergency Stay of App Store Contempt Order
In its latest battle with Epic Games, Apple has sought emergency relief from the Ninth Circuit to stay a contempt order issued by Judge Yvonne Gonzalez Rogers on April 30, 2025. The district court held Apple in civil contempt for violating a 2021 permanent injunction and imposed additional permanent restrictions on Apple’s App Store conduct.…
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Ingenico Inc. v. IOENGINE, LLC: Public Availability of Prior Art Software Invalidates Patent Claims
In a recent decision, Ingenico Inc. v. IOENGINE, LLC, the Federal Circuit upheld a jury’s finding that several claims of IOENGINE’s U.S. Patent Nos. 9,059,969 and 9,774,703 were invalid due to anticipation and obviousness by publicly available prior art. Specifically, the Court affirmed that a software application known as the “Firmware Upgrader,” part of M-Systems’…
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Epic Games v. Apple: Apple Held in Contempt Over App Store Anti-Steering Injunction
On April 30, 2025, U.S. District Judge Yvonne Gonzalez Rogers ruled that Apple violated the court’s prior injunction concerning anti-steering provisions in its App Store policies. This latest ruling is a significant development in the high-profile legal battle between Epic Games and Apple, carrying substantial implications for the broader technology industry. Judge Yvonne Gonzalez Rogers…
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Incyte Corp. v. Sun Pharmaceutical Industries: Federal Circuit Reinforces Strict Article III Standing Requirements for Patent Challengers
In a recent decision, Incyte Corporation v. Sun Pharmaceutical Industries, Inc., the Federal Circuit reaffirmed the stringent standards for establishing Article III standing in appeals from PTAB decisions. The court dismissed Incyte’s appeal from a PTAB post-grant review proceeding, holding that Incyte failed to demonstrate a sufficient injury in fact required for Article III standing.…
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In re Kostic: Broadened Reissue Claims Rejected Due to Statutory Bar
In In re Kostic, the Federal Circuit recently reinforced the statutory bar against broadening reissue applications filed beyond the two-year limit, emphasizing that claims must be construed based on their actual language rather than an inventor’s subjective intent. Background:Appellants Kostic and Vandevelde sought reissue of U.S. Patent No. 8,494,950, covering methods for buying and selling…