Aerospace Update | December 2025
FAA Request for Information Related to a New Air Traffic Control Platform Josue A. Villalta & Paige L. Cappelli The Federal Aviation Administration (FAA) issued a request for information (RFI)...
DARPA Announces “Lift Challenge,” Seeking Drone Designs With High Payload-To-Weight Ratios
DARPA (Defense Advanced Research Projects Agency) issued a challenge, the DARPA Lift Challenge, in October 2025 to develop novel drone designs that have greater payload-to-weight ratio. DARPA, which is the...
Litigation Update | September 2025
Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity Justin J. Gillett & Susan E. Pratt, Ph.D. IN RE: ERIK BRUNETTI Before Lourie, Dyk, and Reyna. Appeal from...
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...
IPR Standing Arguments Not Presented to the Board Are Forfeited
APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC Before Moore, Prost, and Stoll. Appeal from the Patent Trial And Appeal Board. Summary: A patent owner forfeits its argument that an IPR...
Infringement Judgement Is Only Final When There’s Nothing Left to Do but Execute
PACKET INTELLIGENCE LLC v. NETSCOUT SYSTEMS, INC.
Before Lourie, Hughes, and Stark. Appeal from the U.S. District Court for the Eastern District of Texas.
Summary: An infringement judgment is only sufficiently “final” to be immune from a later finding of unpatentability if the litigation has moved to a stage that leaves nothing for the court to do but execute the judgment.
Patent Directed to System for Controlling Access to Drugs Is Not Listable in the Orange Book
JAZZ PHARMACEUTICALS, INC. v. AVADEL CNS PHARMACEUTICALS, LLC
Before Lourie, Reyna, and Taranto. Appeal from the United States District Court for the District of Delaware.
Summary: A patent directed to a system to reduce the misuse of a drug is not a listable patent in the FDA’s Orange Book because the patent does not claim a method of using the drug.
