Month: May 2026
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Insulet v. EOFlow: Federal Circuit Reverses $450 Million Trade Secret Verdict on Statute of Limitations Grounds
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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Versata v. Ford: Federal Circuit Revives Unjust Enrichment as a Trade Secret Remedy
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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A.L.M. Holding v. Zydex: Federal Circuit Clarifies Constitutional Standing for Patent Owners After Exclusive Licensing
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…
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mCom v. City National: Federal Circuit Reins in Patent Fee Awards After Post-IPR Dismissal
The Federal Circuit’s recent decision in mCom IP, LLC v. City National Bank of Florida , Case No. 24-2089 (Fed. Cir. May 15, 2026),offers an important reminder that losing a patent case, even badly, does not automatically make a case “exceptional” under 35 U.S.C. § 285. The opinion also reinforces that sanctions against counsel under…
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Actelion v. Mylan: Federal Circuit Limits Equivalents Theory After Ambiguous pH Claim Construction
The Federal Circuit’s decision in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., Case No. 24-1641 (Fed. Cir. May 13, 2026), provides an important reminder that scientific terminology in patent claims is not interpreted in a vacuum. Even seemingly straightforward numerical limitations can become highly contextual when industry standards, measurement conventions, and prosecution history intersect. In…
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Bissell v. ITC: Firmware Redesign Defeats ITC Exclusion Order
When patent owners prevail in Section 337 investigations before the International Trade Commission, the resulting exclusion orders can be commercially devastating. But sophisticated respondents increasingly prepare redesign strategies while the investigation is still pending, particularly where the accused functionality is controlled through firmware or software logic. The Federal Circuit’s decision in Bissell, Inc. v. International…
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Enviro Tech v. Safe Foods: Federal Circuit Invalidates “About” pH Range Claims as Indefinite
The Federal Circuit’s decision in Enviro Tech Chemical Services, Inc. v. Safe Foods Corp., Case No. 24-2160 (Fed. Cir May 4, 2026), adds another important chapter to the growing body of indefiniteness law applying Nautilus to “terms of approximation” such as “about,” “approximately,” and “substantially.” In a precedential opinion authored by Judge Lourie, the court…