CAFC Clarifies Statutory Versus Constitutional Standing Jurispridence

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion authored by Judge Chen that clarified its case law on statutory versus constitutional standing analyses. The decision ultimately reversed and remanded a district court ruling that had dismissed a plaintiff’s patent infringement suit for lack of constitutional standing.

CAFC Reverses Dismissal of Medtronic’s Patent Infringement Counterclaims, Finds Standing Intact Under A.L.M.

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Recor Medical, Inc. v. Medtronic Ireland Manufacturing Unlimited Co., reversing a ruling from the United States District Court for the Northern District of California and holding that Medtronic Ireland Manufacturing Unlimited Co. retained sufficient exclusionary rights to satisfy Article III constitutional standing, even after licensing certain patent rights to an affiliated entity. The ruling came after a precedential opinion issued today on the same topic.

Insourcing of Corporate IP Work in the Age of AI: More Reasons to Say Yes

“Should we insource IP work?” This perennial question is posed by in-house professionals and organizational leaders in corporations, universities, and other institutions—and dreaded by outside IP counsel, who fear loss of insourced client business. Deceptively binary and straightforward, the insourcing question often can’t be answered without in-house teams first exploring a host of underlying considerations. Their decision-making calculus may confront grey areas and vexing tradeoffs, ultimately coming down to rough cost-benefit analyses and gut instincts.

Squires and Stewart Hear Panelist Views on Desired PTAB Changes

The U.S. Patent and Trademark Office (USPTO) today held its third PTAB Listening Session, this one focused on Patent Trial and Appeal Board (PTAB) Administration and Reform. Panelists on both the petitioner and patent owner sides, as well as academics, IP policy experts and judges, weighed in on what changes need to be made to the PTAB to strike the balance that will most benefit the U.S. IP system. While the suggestions varied, most of the panelists agreed that greater clarity and consistency is what’s urgently needed at the moment.

SCOTUS Denies Cert to Pharma Industry Challenges to IRA’s Negotiation Program, USAA’s Section 101 Patent Appeal

Today, the U.S. Supreme Court issued an order list showing that the nation’s highest court had denied a series of petitions for writ of certiorari filed by major pharmaceutical developers to challenge the Medicare negotiation program established by the Inflation Reduction Act (IRA). The Supreme Court also denied cert to an appeal of Section 101 patent-eligibility issues from a Federal Circuit ruling involving mobile banking technology, as well as a pro se cert appealing copyright and intentional infliction of emotional distress (IIED) against Disney.

Squires’ Latest Precedential Decision Slams Use of IPR for ‘Litigation Leverage’

On Thursday, May 14, U.S. Patent and Trademark Office (USPTO) Director John Squires issued a Director Discretionary Decision in which he denied institution of an inter partes review (IPR) petition and marked the opinion precedential, underscoring six key principles that should guide whether the Office institutes America invents Act (AIA) proceedings.

CAFC Reverses Attorney’s Fees, Sanctions, While Affirming Obviousness in E-Banking Patent Case

On May 15, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling in mCom IP, LLC v. City National Bank of Florida affirming the Southern District of Florida’s dismissal of patent owner mCom IP’s complaint after finding the asserted patent claims obvious on the same grounds as related patent claims invalidated at the Patent Trial and Appeal Board (PTAB). However, the Federal Circuit found that the district court improperly concluded that the case was exceptional, leading the appellate court to reverse the attorney’s fee award and attorney sanctions after finding the plaintiff did not develop evidence of frivolous litigation conduct.

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