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With pending counterclaims of invalidity and unenforceability absent detailed infringement analysis, the U.S. Court of Appeals for the Federal Circuit was placed in an "awkward position" to review claim construction and stipulated judgments of non-infringement. Lava Trading, Inc. v. Sonic Trading Management, LLC, et al., Case Nos. 05-1177, -1192 (Apr. 19, 2006) (Rader, J.; Linn, J.; concurring; Mayer, J.; dissenting).

The Federal Circuit affirmed the PTAB's unpatentability finding for a patent related to selectively enabling data paths in memory systems. The court addressed challenges to the Board's reliance on prior art references and claim mapping, while rejecting procedural arguments about the adequacy of the Board's reasoning.

In Definitive Holdings v. Powerteq, No. 2024-1761 (Fed. Cir. Apr. 14, 2026), the Federal Circuit affirmed summary judgment that the asserted claims were invalid under pre-AIA 35 U.S.C. § 102(b)...

The Federal Circuit addressed whether a patent claiming priority to a provisional application can maintain that earlier filing date when the provisional disclosed a C2-C12 alkyl substituent but the issued patent broadened the claim to C1-C12 alkyl. This case examines the written description requirement and its impact on priority dates in pharmaceutical patent disputes, particularly where an intervening public disclosure by a competitor falls between the two filing dates.

In Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 2024-1641 (Fed. Cir. May 13, 2026), the Federal Circuit held that a claimed chemical property or characteristic is construed as being determined...

The Federal Circuit vacated a preliminary injunction in a patent infringement case after determining that the district court misconstrued two critical claim terms—'backplate' and 'pin'—in its likelihood-of-success analysis. The appellate court rejected both parties' proposed constructions for 'backplate' and held that 'pin' should carry its plain and ordinary meaning rather than being subject to means-plus-function interpretation.

The U.S. Court of Appeals for the First Circuit affirmed dismissal of a lawsuit seeking a share of the profits from the past and future sale by Goebel of copyright protected Hummel figurines and images, on the ground that the claim is barred under the U.S. Copyright Law unless brought within three years of the accrual of that claim.

The U. S. Court of Appeals for the Second Circuit reversed the certification of a class of plaintiffs consisting of freelance authors (and the trade groups representing the authors) and subsequent approval of a settlement of these plaintiffs’ copyright infringement claims arising out of the unauthorized electronic reproduction of their works.

The Court cautioned that a finding of objective reasonableness is not controlling and does not create a presumption against granting fees.

On October 25, 2018, Bill Bowlen, the brother of the Denver Broncos owner Pat Bowlen filed a court motion to remove trustees Joe Ellis, Rich Slivka, and Mary Kelly who have served as agents of Pat Bowlen and his power...

Two citation style guides—the California Style Manual (Yellowbook) and The Bluebook—face off in a creative showdown to help legal practitioners decide which citation format to use in California court documents. This entertaining column explores the classic debate between these competing authorities through an imaginative gunslinger-style confrontation.

In a recent March 19, 2015 decision, the Illinois Supreme Court refused to acknowledge the self-critical analysis privilege.

In Thompson v. Old Glory Bank, a judge in the District of Massachusetts granted Old Glory Bank’s motion to transfer venue to the Western District of Oklahoma.

The Judicial Conference Committee recently approved changes to Federal Rule of Civil Procedure 37(e) addressing preservation and sanctions and setting forth clearer and more reasonable preservation...

Federal advisory committees are grappling with how to regulate AI use in litigation, from expert testimony to deepfake evidence. While some propose new rules specifically targeting AI-generated conclusions and fabricated media, others argue existing procedural frameworks already provide adequate tools for courts to address these emerging challenges.

Well, it took a few years, but the U.S. Supreme Court finally took a CAFA case: Standard Insurance Co. v. Knowles.

When a concrete equipment manufacturer terminated its Oklahoma dealer and invoked a forum-selection clause requiring litigation in Iowa, the dealer sued locally under state dealer-protection laws. The federal court's ruling on whether the forum clause could override Oklahoma's Fair Practices Act turned on subtle statutory language that distinguished it from similar laws in other states.

Florida’s economic loss rule bars tort claims for economic losses arising when a product malfunctions and damages only itself. In Florida Power & Light Co. v. Westinghouse Elec. Corp., 510 So. 2d 899 (Fla. 1987) and Casa Clara Condominium Ass’n., Inc. v. Charley Toppino and Sons, Inc., 620 So. 2d 1244 (Fla. 1993), the Florida Supreme Court adopted the economic loss rule in Florida.