Tag: Section 256
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Fortress Iron v. Digger Specialties: Federal Circuit Invalidates Patent When Inventorship Cannot Be Corrected
The Federal Circuit’s decision in Fortress Iron, LP v. Digger Specialties, Inc., Case No. 24-2313 (Fed. Cir. Apr 2, 2026), addresses a deceptively simple but practically significant question: what happens when everyone agrees a patent omitted a true inventor—but that inventor cannot be found? The answer is unforgiving. If the omitted inventor cannot be joined…
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Implicit v. Sonos: Federal Circuit Holds That Post-IPR Inventorship Corrections Cannot Undo Forfeited Arguments
The Federal Circuit’s recent decision in Implicit, LLC v. Sonos, Inc., No. 25-853 (Fed. Cir. Mar. 9, 2026), addresses a procedural question that arises occasionally in patent litigation but rarely receives sustained appellate attention: what happens when a patent owner corrects inventorship after a Patent Trial and Appeal Board (PTAB) final written decision? The short…