In Healthier Choices Management Corp. v. Philip Morris Products S.A., No. 2023-1529 (Fed. Cir. Nov. 22, 2024) ("Decision"), the United States Court of Appeals...

Stated differently, the hypothetical law firm achieved 90% realization of its targeted annual profit, not by raising hourly rates, but by discounting 25% of its billed hours production.

M&A, private equity, arbitration, general commercial and patent litigation, and government investigations are all expanding with the continued globalization of Japanese industries.

In SnapRays, dba SnapPower v. Lighting Defense Group, No. 2023-1184 (Fed. Cir. May 2, 2024) ("Decision"), the United States Court of Appeals for the Federal Circuit...

. . . The court expressly ruled that Netflix was not required to use specific language or "magic words" to define a field of endeavor and that "general language is sufficient to allow the Board...

Two recent Federal Circuit decisions provide valuable guidance on the challenges faced by both the Patent Trial and Appeal Board and IPR petitioners when presented with multiple prior art...

… According to the district court, the "mere possibility" of reverse engineering could not defeat Insulet's trade secret claims, and Insulet's patent disclosures were irrelevant because, "this is not a patent case."

In Beteiro, LLC v. DraftKings Inc., et al., No. 2022-2275 (Fed. Cir. June 21, 2024) ("Decision"), the United States Court of Appeals for the Federal Circuit affirmed the District Court...

In Crown Packaging Technology, Inc. v. Belvac Production Machinery, Inc., 2022-2299, 2022-2300 (Fed. Cir. Dec. 10, 2024) ("Decision"), the Federal Circuit examined a "quotation" letter under pre-AIA 35 U.S.C. § 102(b) to determine if the letter constituted an on-sale bar of the patented inventions.

. . . However, the qualifying language, "unmodified existing," proved to be an unfortunate choice of words. . . .

In Kroy IP Holdings, LLC v. Groupon, Inc., No. 23-1359 (Fed. Cir. Feb. 10, 2025) ("Decision"), the Federal Circuit considered whether a final written decision of the Patent Trial and Appeal Board ("Board").

In Mobile Acuity Ltd. v. Blippar Ltd., No. 2022-2216 (Fed. Cir. Aug. 6, 2024) ("Decision"), the United States Court of Appeals for the Federal Circuit affirmed the district court's dismissal of Mobile Acuity Ltd.'s patent infringement claims under 35 U.S.C. § 101 for failure to state a claim.

In this case, the U.S. District Court for the District of Nevada ruled in favor of Wendell Olk, a craps dealer, determining that tokes are not taxable income to dealers...

". . . Zircon stumbled, however, in demonstrating the scope of its investments in that specific subset of protected products, thereby failing to meet the domestic industry's economic prong. . . ."

The Tokyo District Court's ruling in Tokai Medical Products Inc. v. [Defendant], Case No. 2022 (wa) 5905 (Tokyo Dist. Ct. Mar. 2024) raises significant questions about patent enforcement in Japan...

In Cytiva BioProcess R&D AB v. JSR Corp., No. 2023-2074, the Federal Circuit addressed obviousness challenges to multiple patents related to affinity chromatography, clarifying when a "lead compound" inquiry may be substituted with an "obvious-to-try" analysis and when the presence of inherent properties may obviate the need to demonstrate a reasonable expectation of success.

. . . What remains to be seen is whether the Supreme Court ultimately will rule that the confinement of that executive power to intra-government enforcement permits something less than full Article II...

. . . trial testimony established that "there are a ‘mind-bogglingly large' number of antibodies that could potentially fit within the scope" of the patent claims but "the actual number is not ‘knowable. . . .'"

Noting that the patent license expressly granted Ridge the exclusive right to make, use, and sell . . . , the Federal Circuit instead focused its attention "first and foremost" on "the Agreement's...

. . . Regarding Corephotonics's second argument, the Federal Circuit found no abuse of discretion in the Board permitting Apple to introduce a new argument—based on the pertinent problem test...