Fortress Iron, LP v. Digger Specialties, Inc., 2026 WL 899158 (Fed. Cir. April 2, 2026) The Constitution mandates that the U.S. patent system promote the progress of science and useful arts.  Naming and crediting all inventors has long been central to that mandate.  While the Patent Act allows correction of inventorship errors, patentees should not take that remedy for granted.  In Fortress, the Federal Circuit held that failure to […]

Micron Tech., Inc. v. Longhorn IP LLC, 2025 WL 3672528 (Fed Cir. Dec. 18, 2025) Instead of decking the halls for Christmas, the Federal Circuit decked Longhorn by dismissing its appeal for lack of jurisdiction. Idaho, and over 30 other states, have taken patent law conduct into their own hands, enacting legislation to punish bad […]

DOLLS KILL, INC., Plaintiff-Appellant, v. MENGERYT, Defendant-Appellee., No. 24-2841, 2025 WL 3033729 (7th Cir. Oct. 30, 2025) On October 30, 2025, the Seventh Circuit vacated and remanded a judgment in Dolls Kill, Inc. v. MengEryt, holding that the district court erred in awarding statutory damages when the plaintiff had sought disgorgement of the infringer’s profits […]

On September 8, 2025, the Federal Circuit reversed and remanded a judgment in Magēmā Technology LLC v. Phillips 66, which held that the district court erred in allowing Phillips 66 (“Phillips”) to present an improper noninfringement theory to the jury. The Federal Circuit found that Phillips’ infringement theory was “improper and prejudicial,” and because the jury’s general […]

Top Brand v. Cozy Comfort Company, Case No. 2024-2191 (Fed. Cir. July 17, 2025) The USPTO must reject a patent application if the applicant’s claim covers what the prior art already disclosed, and patent applicants may respond to such rejections with arguments that what they claimed was different.  Prosecution history disclaimer (i.e. ‘disclaimer by argument’) prohibits […]