Month: February 2026
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Global Tubing v. Tenaris: Federal Circuit Vacates Summary Judgment on Inequitable Conduct and Walker Process Fraud
The Federal Circuit’s decision in Global Tubing LLC v. Tenaris Coiled Tubes LLC, No. 2023-1882 (Fed. Cir. Feb. 26, 2026) delivers a sharp reminder that even apparently damning internal language will not short-circuit the demanding standards governing inequitable conduct and Walker Process fraud. In its opinion, the court vacated summary judgment of inequitable conduct and…
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REGENXBIO v. Sarepta Therapeutics: Recombinant AAV Host Cells Are Not Products of Nature
On February 20, 2026, the Federal Circuit issued a significant decision clarifying the scope of patent eligibility for genetically engineered compositions in REGENXBIO Inc. v. Sarepta Therapeutics, Inc., No. 2024-1408 (Fed. Cir. Feb. 20, 2026). Reversing the District of Delaware, the court held that claims directed to cultured host cells containing recombinant nucleic acid molecules…
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Learning Resources v. Trump: The Supreme Court Rules IEEPA Does Not Authorize Tariffs
For many Americans, tariffs are not theoretical instruments of foreign policy. They show up in shipping invoices, supplier negotiations, retail price adjustments, and quarterly earnings calls. Over the past several years, businesses large and small have had to account for sudden and substantial duties imposed on imported goods under the International Emergency Economic Powers Act,…
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Genuine Enabling Tech. v. Sony: Means-Plus-Function Claims Demand Full Structural Accounting
On February 19, 2026, the Federal Circuit issued a significant decision in Genuine Enabling Technology LLC v. Sony Group Corporation, No. 2024-1686, affirming summary judgment of noninfringement in favor of Sony. At first glance, the case involves familiar territory: PlayStation controllers, Bluetooth modules, and an aging patent directed to combining data streams. But the real…
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Netflix v. DivX: When Grammar Determines Patent Claim Scope
Netflix, Inc. v. DivX, LLC presents a deceptively simple question of grammar that ultimately determined the fate of an inter partes review. In a precedential opinion authored by Judge Taranto, the Federal Circuit reversed the Patent Trial and Appeal Board’s claim construction, vacated its final written decision, and remanded for further proceedings. The court’s decision…
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Apple v. Squires: Federal Circuit Upholds NHK-Fintiv Against APA Rulemaking Challenge
On February 13, 2026, the Federal Circuit issued its long-awaited decision in Apple Inc. v. Squires, No. 2024-1864 (Fed. Cir. Feb. 13, 2026), affirming that the USPTO Director’s NHK-Fintiv framework governing discretionary denials of IPR institution is a “general statement of policy” exempt from notice-and-comment rulemaking under 5 U.S.C. § 553(b). The opinion closes what…
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Ingevity v. BASF: When Patent Licensing Crosses Into Antitrust Tying
On February 11, 2026, the Federal Circuit in Ingevity Corp. v. BASF Corp., No. 2024-1577, affirmed a jury verdict finding unlawful tying under the Sherman Act and upholding a $28.3 million damages award (trebled to approximately $84.8 million). The opinion, authored by Judge Lourie and joined by Judges Prost and Cunningham, is a consequential reminder…
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GoTV v. Netflix: Federal Circuit Holds Device-Tailored Content Claims Ineligible Under Section 101
On February 9, 2026, the Federal Circuit issued its decision in GoTV Streaming, LLC v. Netflix, Inc., reversing a jury verdict and holding that three related GoTV patents are invalid under 35 U.S.C. § 101. The panel, in an opinion by Judge Taranto, concluded that the asserted claims were directed to the abstract idea of…
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Range of Motion Prods v. Armaid: Narrow Design Patent Scope and the Growing Role of “Plainly Dissimilar”
On February 2, 2026, the Federal Circuit affirmed summary judgment of non-infringement in Range of Motion Products, LLC v. Armaid Company Inc., No. 23-2427, reinforcing two increasingly important themes in design patent litigation: (1) aggressive narrowing of design patent scope through functionality-based claim construction, and (2) the continued willingness of courts to resolve infringement at…