Year: 2026
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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…
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Constellation Designs v. LG: Federal Circuit Splits on Patent Eligibility for Signal Constellation Claims
The Federal Circuit’s recent decision in Constellation Designs, LLC v. LG Electronics Inc., Case No. 24-1822 (Fed. Cir. Apr. 28, 2026) provides an important new roadmap for evaluating software and communications patents under 35 U.S.C. § 101. The opinion draws a sharp distinction between claims that merely recite a desired optimization result and claims directed…
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International Medical Devices v. Cornell: Federal Circuit Narrows Trade Secret Protection for Publicly Disclosed Concepts
The Federal Circuit’s decision in International Medical Devices, Inc. v. Cornell, Case No. 25-1580 -1605 (Fed. Cir. Apr. 17, 2026), provides an important reminder that trade secret law cannot be used to reclaim ideas already placed into the public domain through patents. The dispute arose out of the highly specialized and somewhat unusual market for…
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Teva v. Lilly: Federal Circuit Limits Amgen by Distinguishing Method-of-Use Claims from Composition Claims
The Federal Circuit’s decision in Teva Pharmaceuticals International GmbH v. Eli Lilly and Company, Case No. 24-1094 (Fed. Cir. Apr. 16, 2026), marks one of the most important post-Amgen v. Sanofi patent decisions involving antibody claims and Section 112. In a unanimous opinion authored by Chief Judge Prost, the court reversed a district court judgment…
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VLSI v. Intel: Federal Circuit Enforces Litigation Stipulations and Narrows Prosecution Disclaimer
The Federal Circuit’s decision in VLSI Technology LLC v. Intel Corporation, Case No. 24-1772 (Fed. Cir. Apr. 14, 2026), is a significant reminder that procedural decisions made early in patent litigation can later become outcome determinative. In a partially precedential opinion authored by Chief Judge Moore, the court reversed multiple summary judgment rulings that had…
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Definitive Holdings v. Powerteq: Federal Circuit Reinforces Broad Reach of the Pre-AIA On-Sale Bar
The Federal Circuit’s recent decision in Definitive Holdings, LLC v. Powerteq LLC, Case No. 24-1761 (Fed. Cir. Apr. 14, 2026), provides another reminder that pre-AIA § 102(b) remains a powerful invalidity tool, particularly when older commercial products can be reconstructed through circumstantial evidence, archived software, and corporate testimony. The case arose from technology relating to…