Written Description Support for Crystalline Salt Claims
Key Takeaway: A specification may support claims broader than the specific examples it describes when it identifies features across the claimed genus. In Exelixis, Inc. v. MSN Laboratories Private Ltd.,...
Rethinking Interchangeability: Proposed Legislation for Biosimilars in Congress
Key Takeaway: Proposed federal legislation would eliminate the separate regulatory requirements for interchangeable biosimilars, potentially making it easier for biosimilars to compete with reference biologics. Congress is considering legislation aimed...
Federal Circuit to Consider Scope of Patent Infringement Liability for Government Contractors in Arbutus v. Moderna
Key Takeaways: The Federal Circuit is considering whether § 1498(a) shields a government contractor from patent infringement liability when products manufactured under a federal procurement contract are ultimately provided to...
Federal Circuit Review | October 2026
Scientifically Impossible Claims – Not Indefinite, But Not Enabled In Satius Holding, LLC v. Samsung Electronics Co. Ltd., Appeal No. 25-1446, the Federal Circuit held that scientifically impossible-to-perform claims...
USPTO Director Denies Chinese Fastener Maker’s Challenge to Howmet Aerospace Patent Over Foreign Government Ownership
Key Takeaway: The USPTO continues to find companies with certain foreign-government ownership interests ineligible to pursue inter partes review (IPR). Companies involved in patent disputes should consider the ownership structure...
Jeremiah Helm and Sean Murray Examine Role of Patent Families in Patent Litigation in Law360 Article
In the latest installment of their Law360 series on recent noteworthy Federal Circuit decisions, Knobbe Martens partners Jeremiah Helm and Sean Murray offer insights into the court’s ruling in Epic...
Trademark & Brand Protection Update | October 2026
KPop Demon Hunters: A Case of Reverse Confusion Rosaleen Chou & Shritika Dahal A recently filed trademark lawsuit between Netflix and the metal band Demon Hunter highlights the unique challenges...
Metadata Matters: Microsoft Word Metadata Can Corroborate Conception
GOOGLE LLC v. VALTRUS INNOVATIONS LTD. Before Hughes, Cunningham, and Burroughs. Appeal from the Patent Trial and Appeal Board. Summary: Inventor testimony regarding conception date can be corroborated by the...
FDA’s New Neuroscience Initiative Highlights the Importance of Early, Adaptive Patent Strategy
Key Takeaway: The FDA’s new neuroscience initiative is designed to accelerate a new wave of biotechnology innovation, and with it, new opportunities for intellectual property protection. For companies developing neuroscience...
