Blog & ArticlesCoke Stewart, the Acting Director of the U.S. Patent & Trademark Office (USPTO) recently issued an eye-raising decision in several inter partes reviews (IPRs) between iRhythm Technologies, Inc. and Welch Allyn, Inc. (IPR2025-00363, -00374, -00376, -00377, and -00378). She used…
On May 21, 2025, the Federal Circuit, sitting en banc for just the second time in recent years, vacated a $20 million smart-thermostat damages award against Google and sent the case back for a new damages trial. In EcoFactor, Inc.…
Recent Change in the Law of Design Patent Obviousness In the Federal Circuit’s noteworthy 2024 en banc patent decision (LKQ Corporation v. GM Global Technology Operations LLC, Appeal No. 2021-2348), the Court boldly ditched the decades-old analysis for assessing the…
Damages experts have been known to rely upon many sources of information in preparing their positions regarding how much to award in damages/royalties. However, a recent U.S. district court decision cautions that a damages expert must understand their sources of…
The United States Patent and Trademark Office (USPTO) has announced significant changes to the patent fee schedule which will take effect on January 19, 2025. The final rule does not include some of the new fee structures proposed in April…
It has been thought by many patent practitioners, based on prior court decisions, that incorporation of a user interface, such as a graphical user interface (GUI), could help to ensure patent-eligibility of claims of a computer-related patent application. In a…
After handling the Teleflex and Medtronic patent infringement dispute since its inception in 2019, Chief Judge Patrick J. Schiltz of the District Court of Minnesota issued a recusal order in October 2024, officially removing himself from the case. The Federal…
In a significant update for patent applicants and intellectual property lawyers, the United States Patent and Trademark Office (USPTO) has announced it will terminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0), effective Dec. 14, 2024. This move comes…
On August 14, 2024, the District Court for the District of Delaware vacated a $107.5 million jury verdict award against AstraZeneca Pharmaceuticals. The court concluded that two patents owned by Wyeth LLC, a subsidiary of Pfizer Inc., were invalid due…
Both houses of Congress recently introduced a new, bipartisan bill that could have significant impacts on patent law. The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 is a legislative proposal aimed at…
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