Tag: CAFC
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Causam v. ecobee: Federal Circuit Addresses PTAB Standing, Due Process, and Claim Construction
On the same day the Federal Circuit dismissed Causam’s ITC appeal as moot, it issued the companion decision that explains why the appeal became moot in the first place. In Causam Enterprises, Inc. v. ecobee Technologies ULC, No. 24-1958 (Fed. Cir. Oct. 15, 2025), the court affirmed the Patent Trial and Appeal Board’s final written…
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Causam v. ITC: Standing Secured, But the Case Still Slips Away
On October 15, 2025, the Federal Circuit issued a decision in Causam Enterprises, Inc. v. International Trade Commission, No. 23-1769, that delivers a curious combination of vindication and defeat. On the one hand, the court held that Causam did, in fact, own the asserted patent and therefore satisfied Article III standing to pursue its appeal.…
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US Inventor v. USPTO: Standing Doctrine Closes the Courthouse Door on AIA Rulemaking Challenges
The Federal Circuit’s decision in US Inventor, Inc. v. United States Patent and Trademark Office, No. 2024-1396 (Fed. Cir. Oct. 3, 2025), reinforces a familiar but increasingly consequential theme in administrative patent law: access to judicial review turns first, and often last, on Article III standing. Even when a dispute implicates the scope of the…
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Rex Medical v. Intuitive Surgical: The Federal Circuit Draws a Hard Line on Apportionment
The Federal Circuit’s decision in Rex Medical, L.P. v. Intuitive Surgical, Inc. presents a familiar but still sobering outcome: a jury finds infringement and validity, awards substantial damages, and yet the patentee ultimately recovers nothing more than nominal damages. The case underscores, once again, that proof of infringement is only half the battle. Without a…
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Focus Prods v. Kartri Sales: When Restriction Practice Becomes Prosecution History Disclaimer
The Federal Circuit’s decision in Focus Products Group International, LLC v. Kartri Sales Co., Inc. delivers a wide-ranging opinion that touches nearly every corner of intellectual property litigation: venue after TC Heartland, prosecution history disclaimer, multi-defendant appellate waiver, trademark standing, trade dress functionality, willfulness, and fee shifting. But at its core, the case stands as…
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Apex Bank v. CC Serve Corp.: When “Highly Similar” Means Consistently Similar Across the DuPont Factors
The Federal Circuit’s September 25, 2025 decision in Apex Bank v. CC Serve Corp. offers an important reminder that the DuPont likelihood-of-confusion factors are not a cafeteria menu. Once the Trademark Trial and Appeal Board makes a factual determination that services are “highly similar” under one factor, it cannot quietly narrow that conclusion when analyzing…
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Bayer Pharma v. Mylan Pharmaceuticals: When “Clinically Proven Effective” Cannot Rescue an Anticipated Treatment Method
The Federal Circuit’s September 23, 2025 decision in Bayer Pharma Aktiengesellschaft v. Mylan Pharmaceuticals Inc., No. 23-2434, delivers a sharp reminder that post-hoc validation, even in the form of successful clinical trial results, does not automatically translate into patentability. The opinion clarifies the limits of method-of-treatment claims that attempt to rely on clinical proof language…
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Finesse Wireless LLC v. AT&T Mobility LLC: When Expert Testimony Cannot Carry the Infringement Verdict
On September 24, 2025, the Federal Circuit issued a sweeping reversal of a significant Eastern District of Texas jury verdict in Finesse Wireless LLC v. AT&T Mobility LLC, vacating a $166 million damages award and reversing the denial of judgment as a matter of law (JMOL) of noninfringement. The decision underscores a recurring theme in…
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Future Link Systems, LLC v. Realtek Semiconductor Corp.: When Sanctions Convert a Dismissal Into Prevailing Party Status
The Federal Circuit’s decision in Future Link Systems, LLC v. Realtek Semiconductor Corp., Nos. 2023-1056, 2023-1057 (Fed. Cir. Sept. 9, 2025), addresses a recurring but unsettled issue in patent litigation: when, exactly, a defendant becomes a “prevailing party” entitled to seek attorney fees and costs after a plaintiff voluntarily dismisses its case. The court’s answer…
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Magēmā Technology LLC v. Phillips 66: When Discovery Gamesmanship Poisons a General Verdict
The Federal Circuit’s decision in Magēmā Technology LLC v. Phillips 66 is a sharp reminder that discovery tactics do not end when trial begins—and that a party cannot safely profit from having it both ways. When a defendant blocks discovery on safety or feasibility grounds and later pivots at trial to argue that the plaintiff’s…