Permission Granted: D.C. Circuit Preserves Medical Device Repair Access

Key Takeaway(s): Medical device companies should treat copyright as just one part of a layered protection strategy. The DMCA repair exemption preserves meaningful access for qualifying third-party diagnosis, maintenance, and…

Shared Function, Not Shared Structure: Ex parte Chowdhury and the Improper Markush Grouping Rejection

Key Takeaway: A Markush group of structurally dissimilar biomolecules is proper if the specification describes its members as performing the same function within the claimed invention. On August 25, 2026,…

AI-Powered Skin Cancer Detection Device Developer Announces Commercialization Partnerships

On September 1, 2026, medical device company DermaSensor Inc. announced four new industry partnerships. DermaSensor is focused on early detection of skin cancer. DermaSensor’s website states: “The DermaSensor device is the…

Hosted Payloads and Exceptions to Patent Protection Under the U.S. Space Act

Key Takeaways: Companies relying on the U.S. Space Act for patent protection of inventions in orbit should be aware of exceptions to that Act that prevent such protection in certain…

FDA Issues Discussion Paper Regarding Regulation of Generative AI-Enabled Medical Devices

Key Takeaway: The FDA’s recent discussion paper seeking feedback regarding the regulation of generative AI-enabled medical devices suggests that the FDA has focused on evaluating, monitoring, and regulating such devices…

The Problem with Defining the “Problem”: Federal Circuit Affirms Flexible Analogous-Art Analysis

NIELSEN COMPANY (US), LLC v. TVISION INSIGHTS, INC. Before Dyk, Reyna, and Bissoon (Chief District Judge for U.S. District Court for the Western District of Pennsylvania, sitting by designation). Appeal…

Patent Failed to Enable Dosage Claims

WYETH LLC V. ASTRAZENECA PHARMA. LP Before Lourie, Linn, and Hughes. Appeal from District Court for the District of Delaware. Summary: Patent claims were not enabled because the specification failed…

Prosecution Statements Can Create Substantial Questions of Noninfringement at the Preliminary Injunction Stage

Ridge Corp., et al. v. Kirk NationaLease Co., et al. Before Dyk, Mayer, and Taranto. Appeal from the United States District Court for the Southern District of Ohio. Summary: A…

Preliminary Injunction Vacated Due to Claim Construction Errors

Socket Solutions, LLC v. Import Global, LLC Before Moore, Prost, and Seeborg. Appeal from the U.S. District Court for the Southern District of Florida. Summary: A preliminary injunction cannot stand…

Avoiding Greenwashing Claims: Litigation Risks and Regulatory Guidance

Key Takeaway: Energy companies that market their technologies as environmentally friendly should ensure the claims are accurate and consistent with regulatory guidance. Innovation in the energy industry is often driven…

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