Courts Must Address Pre-Suit Invalidity Red Flags When Denying Sanctions and Fees
EPIC TECH, LLC V. PEN-TECH ASSOCIATES, INC. Before Moore, Cunningham, and Subramanian (District Judge for U.S. District Court for the Southern District of New York, sitting by designation). Appeal from...
Is That a Rule 54(b) “Final Judgment”? A Stark Contrast Between Disposing All and Less Than All Asserted Claims of a Patent
PARKERVISION, INC. v. QUALCOMM INCORPORATED Before Prost, Chen, and Stark. Appeal from the United States District Court for the Middle District of Florida. Summary: Since infringement of a patent is...
Vertical Aerospace Files Counterclaims Against Archer Aviation in Ongoing eVTOL Patent Dispute
Key Takeaways: Archer Aviation v. Vertical Aerospace highlights the significance of intellectual property in the eVTOL space. The outcome of the litigation could inform the scope of patent protection for...
Scientifically Impossible Claims – Not Indefinite, But Not Enabled
SATIUS HOLDING, LLC v. SAMSUNG ELECTRONICS CO. LTD. Before Moore, Lourie, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: The Federal Circuit held that...
Federal Circuit Review | September 2026
Silent Reference, Loud Expert: PTAB May Rely on Expert Testimony to Show How Reference Discloses a Missing Limitation In Netlist, Inc., v. Micron Technology, Inc., Appeal No. 24-1707, the...
In Law360 Article, Sean Murray and Jeremiah Helm Explore Unanswered Questions in Federal Circuit Patent Marking Decision
In their latest Law360 column examining noteworthy IP decisions at the Federal Circuit, Knobbe Martens partners Sean Murray and Jeremiah Helm discuss VDPP LLC v. Volkswagen Group of America Inc....
AI-Enabled Medical Devices Require an Integrated FDA and IP Strategy
Key Takeaway: Medical device companies should prepare a cohesive patent and premarket submission strategy by considering FDA recommendations when developing AI-enabled features and coordinating statements made to the Patent Office...
FDA Launches Expedited IND Pilot Program to Accelerate Human Trials, Raising IP Considerations for Sponsors
Key Takeaways: The Expedited Investigational New Drug (IND) Pilot Program is intended to evaluate whether leveraging qualified research institutions (QRIs) and a rolling review process can improve the efficiency of...
Life Science Update | September 2026
Shared Function, Not Shared Structure: Ex parte Chowdhury and the Improper Markush Grouping Rejection Jane Dai, Ph.D. A Markush group of structurally dissimilar biomolecules is proper if the specification describes...
