Tag: Prosecution Disclaimer
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T-Mobile US v. KAIFI: Patent Settlement Dispute Falls Outside Federal Circuit Jurisdiction
The Federal Circuit’s precedential decision in T-Mobile US, Inc. v. KAIFI LLC, Case No. 2025-1006 (Fed. Cir. Aug. 28, 2026), draws an important boundary between patent litigation and commercial disputes involving patents. A state-law contract claim does not fall within the Federal Circuit’s exclusive appellate jurisdiction merely because one party’s preferred interpretation would require deciding questions of prosecution…
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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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Barrette Outdoor Living, Inc. v. Fortress Iron, LP: Prosecution Disclaimer in a Later Continuation Can Narrow an Entire Patent Family
On October 17, 2025, the Federal Circuit issued a detailed and consequential opinion in Barrette Outdoor Living, Inc. v. Fortress Iron, LP, affirming a judgment of non-infringement while also affirming the district court’s rejection of indefiniteness challenges. The case provides a clear reminder that arguments made during prosecution of a later-filed continuation application can narrow…
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Azurity Pharmaceuticals v. Alkem Labs: Prosecution Disclaimer and “Consisting Of” Language Bar Infringement Finding
In Azurity Pharmaceuticals, Inc. v. Alkem Laboratories Ltd., No. 23-1977 (Fed. Cir. Apr. 8, 2025), the Federal Circuit affirmed the District of Delaware’s ruling that Alkem’s Abbreviated New Drug Application (ANDA) product did not infringe Azurity’s U.S. Patent No. 10,959,948 (“’948 patent”) due to a clear and unmistakable prosecution disclaimer of propylene glycol. Background Azurity’s…
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Maquet v. Abiomed: Scope of Prosecution Disclaimer
On March 21, 2025, the Federal Circuit vacated a district court judgment of non-infringement and remanded the case for further proceedings in Maquet Cardiovascular LLC v. Abiomed Inc. (No. 23-2045). The opinion focuses on the claim construction of U.S. Patent No. 10,238,783 (the “’783 patent”), specifically the proper application of the prosecution disclaimer doctrine and…