Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
CASE OF THE WEEK Insulet Corp. v. EOFlow, Co. Ltd., Appeal No. 2025-1807 (Fed. Cir. May 28, 2026) In the Federal Circuit’s only precedential patent decision this week, the Federal Circuit considered a trade secrets case in a 47-page decision,…
Insulet Corp. v. EOFlow, Co. Ltd. Before Dyk , Prost, and Reyna. Appeal from the United States District Court for the District of Massachusetts. Summary : A trade secret misappropriation claim accrues when the plaintiff knew or should have known facts…
CASE OF THE WEEK A.L.M. Holding Company. v. Zydex Industries Private Ltd. , Appeal No. 2025-1317 (Fed. Cir. May 19, 2026) In its only precedential patent opinion last week, the Federal Circuit clarified its position on Article III standing for patent…
Written by : Michael E. Salamy Key Takeaway : Recent developments in the U.S. and China highlight that strong patent strategy and IP risk management are critical for companies operating in the solar supply chain. In March 2026, the U.S. International Trade…
CASE OF THE WEEK Actelion Pharms. Ltd. v. Mylan Pharms. Inc. , Appeal No. 2024-1641 (Fed. Cir. May 13, 2026) In our Case of the Week, the Federal Circuit affirmed a judgment that Mylar’s proposed generic hypertension drug would not infringe patents…
CASE OF THE WEEK Enviro Tech Chem. Servs., Inc. v. Safe Foods Corp. , Appeal No. 2024-2160 (Fed. Cir. May 4, 2026) In its only precedential patent opinion last week, the Federal Circuit affirmed a district court’s determination that asserted claims…
Written by : Agnes Juang, Ph.D. and Ashley C. Morales Key Takeaway: Genetically engineered cultured host cells containing recombinant nucleic acids useful for gene therapy are patent-eligible for being markedly different from anything occurring in nature.…
CASE OF THE WEEK Federal Express Corp. v. Qualcomm, Inc. , Appeal No. 2024-1236 (Fed. Cir. Apr. 29, 2026) In our Case of the Week, the Federal Circuit considered, as a matter of first impression, whether a party can appeal the Patent Trial and Appeal…
Wriiten by : Brian C. Barnes and Nefi R. Oliva Fortress Iron, LP, v. Digger Specialties, INC. Before Lourie , Hughes, Circuit Judges , and Kleeh, Chief District Judge . Appeal from the United States District Court for the Northern District of Indiana.…
Written by : Ben K. Shiroma and Alistair J. McIntyre TEVA PHARMACEUTICALS INTERNATIONAL GMBH v. ELI LILLY AND COMPANY Before Prost , Cunningham, and Andrews. Appeal from the United States District Court of the District of Massachusetts. Summary : A…
Written by : Ian W. Gillies In an earlier post , we discussed the high-profile dispute between the estate of the late artist Prince and Patty Apollonia Kotero, over trademark rights derived from the name Apollonia, made famous in the 1984 film…
Written by : Douglas B. Wentzel and Alex Martin del Campo DEFINITIVE HOLDINGS, LLC v. POWERTEQ LLC Before Moore, Dyk, and Cunningham. Appeal from the United States District Court for the District of Utah. Summary: A third-party sale of a product embodying…
