Expert Testimony Fails to Support Jury’s Infringement Verdict
FINESSE WIRELESS LLC v. AT&T MOBILITY LLC Before Moore, Linn, and Cunningham. Appeal from the United States District Court for the Eastern District of Texas. Summary: Unclear and internally inconsistent...
Similar Does Not Mean Identical
APEX BANK v. CC SERVE CORP. Before: Hughes, Moore, and Cunningham. Appeal from the Trademark Trial and Appeal Board (the “Board”). Summary: The Board erred by excluding evidence of marks...
Cooperation With a Restriction Requirement May Result in Disavowal of Claim Scope
FOCUS PRODUCTS GROUP INTERNATIONAL, LLC v. KARTRI SALES CO., INC. Before Moore, Clevenger, and Chen. Appeal from United States District Court for the Southern District of New York Summary: Repeatedly acquiescing...
$10 million to $1: Exclusion of Damages Expert Results in Nominal Damages for Surgical Stapler Patent Infringement
REX MEDICAL, L.P. v. INTUITIVE SURGICAL, INC. Before Dyk, Prost, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Damages testimony was excluded for failing...
Standing or Guesswork? A Speculative Risk of Patent Cancellation is Insufficient for Standing
US INVENTOR, INC. v. UNITED STATES PATENT AND TRADEMARK OFFICE Before Lourie, Reyna, and Stark. Appeal from the United States District Court for the District of Columbia. Summary: Appellants who...
FCC Launches “Space Month” to Boost U.S. Space Economy
On October 6, 2025, FCC Chairman Brendan Carr declared October 2025 “Space Month” in an effort “to boost our country’s space economy.” The FCC’s stated goal for Space Month “is...
New FDA Program Prioritizes Review of Certain ANDAs
On October 3, 2025, the U.S. Food and Drug Administration (FDA) unveiled a pilot prioritization program that provides for accelerated review of abbreviated new drug applications (ANDAs) for generic companies...
The FDA Drops New Laboratory Test Regulations
Laboratory-developed tests (“LDTs”) are in vitro diagnostic (“IVDs”) products designed and used within a single clinical laboratory to perform high complexity testing. These tests can identify a wide range of issues...
U.S. Space Force Announces Operational Acceptance of ATLAS
The U.S. Space Force achieved a milestone for Space Domain Awareness (SDA) on September 30th by announcing that the Space Force has operationally accepted the Advanced Tracking and Launch Analysis...
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...
