No URLs, No Liability: Court Finds Online Marketplace Not Liable for Contributory Infringement
MICROTECH KNIVES, INC. v. OUTDOORS ONLINE, LLC AND JON JANECEK Before: The Honorable Victoria Marie Calvert Summary: The district court granted summary judgment to defendant, an online marketplace accused of...
NASA’s Breakthrough Superalloy Wins Commercial Invention of the Year
NASA Glenn Research Center’s new material, GRX-810, has been recognized as the Commercial Invention of the Year by NASA’s Inventions and Contributions Board. GRX-810 is a three-dimensionally (3D) printable oxide dispersion strengthened (ODS)...
Startups, Trade Secrets, and Aerospace: Ninth Circuit Restores $81.2m Verdict in Zunum-Boeing Lawsuit
On August 14, 2025, the Ninth Circuit Court of Appeals unanimously overturned the lower court’s decision and restored the $81.2 million damages award in a dispute between The Boeing Co....
The Consequences of Converting Voluntary Dismissals
FUTURE LINK SYSTEMS, LLC v. REALTEK SEMICONDUCTOR CORPORATION Before Reyna, Bryson, and Stoll. Appeal from the United States District Court for the Western District of Texas. Summary: The district court’s...
FAA Launches Pilot Program to Accelerate Electric Air Taxis
On September 12, 2025, U.S. Transportation Secretary Sean P. Duffy announced a new pilot program within the Federal Aviation Administration (FAA) to speed up the rollout of advanced air mobility...
Bait, Switch, and Retrial: Federal Circuit Rebukes Trial Arguments That Reneged on Prior Representations
MAGĒMĀ TECHNOLOGY LLC v. PHILLIPS 66 Before Moore, Stoll, and Bumb. Appeal from the District Court for the Southern District of Texas. Summary: A district court abused its discretion by...
Words Matter: “Identical” Does Not Mean “Identical to a Portion Of”
LABORATORY CORPORATION OF AMERICA HOLDINGS v. QIAGEN SCIENCES LLC Before Lourie, Dyk, and Cunningham. Appeal from the United States District Court for the District of Delaware. Summary: The Federal Circuit reversed...
Keeping Up With AI: FDA Issues Guidance on Predetermined Change Control Plans (PCCPs) for Artificial Intelligence (AI)-Enabled Devices
On August 18, 2025, the Food and Drug Administration (FDA) issued guidance (Marketing Submission Recommendations for a Predetermined Change Control Plan for Artificial Intelligence-Enabled Device Software Functions) to provide recommendations...
Protecting Inventions for In-Space Manufacturing – How the Space Act and Patent Claim Strategy Can Help
As the larger aerospace industry continues to grow, space technology companies are pursuing innovations for in-space manufacturing. This technology includes producing and/or assembling structures or other items in orbit, or...
Will the Bankruptcy of “Forever 21” Strengthen IP Rights?
For the second time since its founding in 1984, the fast-fashion movement leader, Forever 21, has filed for bankruptcy and is expected to close its over 350 U.S. locations and...
New 3D-Printable Titanium Alloy to Combat Climate Change
Pure titanium and titanium alloys, including Ti-6Al-4V, are used in aerospace applications for forming airframes and engine parts because of their light weight, high strength, and resistance to corrosion. However,...
Derivation ≠ Interference: First to File Keeps Rights if Conception Was Independent
GLOBAL HEALTH SOLUTIONS LLC v. SELNER Before Stoll, Stark, and Goldberg (sitting by designation). Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit affirmed the Board’s rejection...
Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity
IN RE: ERIK BRUNETTI Before Lourie, Dyk, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: The Federal Circuit vacated and remanded a decision of the Trademark Trial and...
Firefly Aerospace Soars in $6.3 Billion IPO as Space Tech Investment Accelerates
Firefly Aerospace, Inc. (NASDAQ: FLY) completed one of 2025’s largest space technology initial public offerings (IPO) on August 7, 2025. Firefly priced its shares at $45 and closed its first...
3-2-1 Blast Off: US Space Force Trademark Dispute Aims for the Supreme Court
The trademark attorney Thomas D. Foster has found himself in ongoing legal star wars to register US SPACE FORCE as his personal trademark covering coins, jewelry, watches, license plate holders,...
Application of Safe Harbor Exceptions to the Anti-Kickback Statute
On August 7, 2025, the Office of the Inspector General (“OIG”) issued Advisory Opinion 25-09 (“Advisory Opinion”) providing a favorable opinion regarding remuneration to physicians with an ownership interest in a medical device manufacturer....
One Name, Two Claims: Prince’s Estate and Apollonia Clash Over Trademark Rights
Bono, Madonna, Beyoncé, Rihanna, Eminem, Drake, Cher, Sting, Lorde, Flea, Adele, Bjork, Seal, Pink: these celebrities all share the same elite status of fame to be known by a single...
Recent Machine Learning Studies in Medical Imaging Applying FDA Principles
Medical imaging is one of the most promising fields for use of AI tools, as pattern recognition and large data sets can enhance human diagnosis (e.g., by radiologists) or even compete...
Cardiosense Obtains FDA Clearance for Wearable Cardiac Sensor
Cardiovascular disease is a leading cause of death, with over 900,00 deaths reported in the United States in 2023. In this context many companies have pursued products to help diagnose...
Deleted Specification Portions Undermine Claim Construction
FMC Corp. v. Sharda USA, LLC Before Moore, Chen, and Barnett. Appeal from the Eastern District of Pennsylvania. Summary: The district court erred by construing a claim term based on...
Can § 101 Carry the Weight?
POWERBLOCK HOLDING, INC. v. IFIT, INC. Before Taranto, Stoll, and District Judge Scarsi. Appeal from the United States District Court for the District of Utah. Summary: Under step one of the...
