Standing or Guesswork? A Speculative Risk of Patent Cancellation is Insufficient for Standing
Jacob R. Rosenbaum & Jordan A. DeOrio
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 alleged a speculative risk of patent cancellation failed to establish standing to challenge denial of a USPTO rulemaking petition.
$10 Million to $1: Exclusion of Damages Expert Results in Nominal Damages for Surgical Stapler Patent Infringement
Jacob R. Rosenbaum & Luke D. Holbrook
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 to apportion the value of the patent portfolio to isolate the value of the asserted patent.
Cooperation With a Restriction Requirement May Result in Disavowal of Claim Scope
Daniel Kiang & Joshua M. Martineau
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 to an examiner’s restriction requirement and characterization of the claims without objection may result in disavowal of claim scope.
Similar Does Not Mean Identical
Jeremiah S. Helm, Ph.D. & Jae Jin Lee
Before: Hughes, Moore, and Cunningham. Appeal from the Trademark Trial and Appeal Board (the “Board”).
Summary: The Board erred by excluding evidence of marks used for similar services and restricting evidence of marks used for identical services.
Expert Testimony Fails to Support Jury’s Infringement Verdict
Justin J. Gillett & Charles J. Sirek
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 expert testimony was not substantial evidence that supported a jury’s infringement verdict.
Impact of the Federal Government Shutdown on the USPTO, Federal Circuit and ITC
John Grover, Jeremiah S. Helm, Ph.D., Jarom D. Kesler & Sheila Swaroop
On October 1, 2025, the federal government entered a shutdown, and there are impacts on the IP space. While the USPTO and Federal Circuit remain operational for now, proceedings before the ITC are paused, affecting Section 337 investigations and related enforcement actions. The following is a brief overview of the shutdown’s impact across these key areas.
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