Month: September 2026
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Epic Tech v. Pen-Tech: Federal Circuit Limits Reliance on the Presumption of Validity Amid Strong Invalidity Signals
The Federal Circuit’s decision in Epic Tech, LLC v. Pen-Tech Associates, Inc., Case No. 2025-1624 (Fed. Cir. September 30, 2026), examines the relationship between the statutory presumption of patent validity and Rule 11’s requirement that litigants have a reasonable basis for asserting their claims. The court did not impose a general obligation to conduct a…
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NCS Multistage v. Nine Energy Service: Federal Circuit Applies Sanho to AIA § 102(b)(1)(B) and Vacates Patent Judgment
The Federal Circuit’s precedential decision in NCS Multistage Inc. v. Nine Energy Service, Inc., Case No. 2025-1000 (Fed. Cir. Sept. 14, 2026), vacated an infringement and no-invalidity judgment after identifying two claim-construction errors and rejecting the patent owner’s attempt to use an earlier private sale as a defensive “public disclosure” under the America Invents Act.…
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JPMorgan v. Argus: DTSA Ownership, Regulatory Data, and the Territorial Limits of State Trade-Secret Law
JPMorgan Chase Bank’s trade-secret case against Argus Information & Advisory Services has now produced two merits opinions that expose an important divide between federal and state trade-secret protection for data moving through regulatory and commercial channels. In February 2025, the District of Delaware held that JPMorgan plausibly stated a claim under the federal Defend Trade…
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Deltona v. NOCO: Keyword Bidding, Source Confusion, and the Limits of Trademark Control
The Eleventh Circuit’s published decision in Deltona Transformer Corp. v. The NOCO Co., No. 24-13590 (11th Cir. Aug. 4, 2026), does more than add another appellate case on competitive keyword advertising. It separates several questions that Internet trademark cases often collapse: whether buying a rival’s mark as an advertising trigger is actionable trademark use, whether…
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TexasLDPC v. Broadcom: Federal Circuit Clarifies All Substantial Rights and Limits Rule 19 Joinder
The Federal Circuit’s precedential decision in TexasLDPC Inc. v. Broadcom Inc.v, Case No. 2025-1074 (Fed. Cir. Sept. 14, 2026), is most significant for clarifying which retained patent rights matter when an exclusive license separates record ownership from commercial and enforcement control. The court held that TexasLDPC could sue Broadcom, LSI, and Avago without joining Texas…
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Moskowitz v. Globus: Limiting Preambles and the Cost of Leaving Claim Terms Unconstrued
The Federal Circuit’s precedential decision in Moskowitz Family LLC v. Globus Medical, Inc., Case No. 24-1696 (Fed. Cir. Sept. 11, 2026), illustrates two different ways claim scope can become fixed before appeal. For U.S. Patent Nos. 8,353,913 and 9,889,022, the intrinsic record made the preamble term “universal” part of the claimed invention. For U.S. Patent…
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Versata v. Ford: Modified Opinion Clarifies Review of $82 Million Contract Verdict
The Federal Circuit has modified its precedential opinion in Versata Software, LLC v. Ford Motor Co., Case Nos. 2024-1140, 2024-1206, and 2024-1234, without changing the judgment. The September 10, 2026 modification leaves intact the court’s trade-secret holdings, its order for a new trial on trade-secret damages, and its reinstatement of an $82.26 million breach-of-contract verdict.…
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Medical Imaging & Technology Alliance v. Library of Congress: D.C. Circuit Upholds DMCA Medical-Device Repair Exemption; Copyright Does Not Automatically Protect Repair Revenue
Manufacturers of software-enabled equipment often make substantial revenue after the initial sale through maintenance, diagnostics, and repair. Technological access controls can help preserve that business by limiting who can reach the software embedded in the product. In Medical Imaging & Technology Alliance v. Library of Congress, No. 25-5328 (D.C. Cir. Sept. 1, 2026), the D.C.…
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Praxis v. Goldstein: Patent Disclosure and the Limits of Early Trade Secret Dismissal
For technology companies that patent foundational technology while continuing confidential research and development, the difficult question is not whether a patent disclosure is public. It is how far that disclosure reaches. The District of Delaware’s September 3, 2026 decision in Praxis Precision Medicines, Inc. v. Goldstein, No. 1:25-cv-01256-JCG (D. Del. Sept. 3, 2026), illustrates why…
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Netlist v. Micron: Federal Circuit Affirms PTAB Obviousness Ruling, Leaves Extra-Petition Prior Art Question Open
The Federal Circuit’s precedential decision in Netlist, Inc. v. Micron Technology, Inc., No. 24-1707 (Fed. Cir. Sept. 2, 2026), affirmed the Patent Trial and Appeal Board’s determination that all challenged claims of a computer-memory patent were obvious, while leaving unresolved an important question about how far the Board may rely on prior art that was…