Applications in Internet Time, LLC v. Salesforce, Inc., No. 25-2026 (Fed. Cir. March 16, 2026) After years of litigation, the Federal Circuit dismissed a patent infringement lawsuit because the plaintiff couldn’t prove it owned the patents at the time it filed the suit.  The decision in AIT v. Salesforce emphasizes these lessons: The precise wording […]

In Implicit v. Sonos, the Federal Circuit affirmed the PTAB’s refusal to let Implicit use post-decision certificates of correction to introduce a new antedating theory in inter partes review. Implicit owned two related patents that originally named two individuals as the sole inventors. After Sonos filed IPRs to challenge the patents, Implicit argued that those […]

Exafer, Ltd. v. Microsoft Corp., No. 24-2296 (Fed. Cir. Mar. 6, 2026) In Exafer Ltd. v. Microsoft Corp., the Federal Circuit vacated a district court’s exclusion of expert damages testimony and clarified the proper reach of its 2018 decision in Enplas Display Device Corp. v. Seoul Semiconductor Co. which was understood to stand for the proposition that […]

REGENXBIO v. Trustees of UPenn, No. 2024-1408 (Fed. Cir. February 20, 2026) Generally, someone may receive a patent for any new and useful process, machine, manufacture, or composition of matter.  However, for over 75 years, courts have made a judicial exception to this rule prohibiting patents from covering natural phenomena.  While it is well-known that patents cannot cover natural phenomena, courts often struggle to determine whether natural phenomena that have […]

Range of Motion Products, LLC v. Armaid Co. Inc., 2026 WL 261890 (Fed. Cir. Feb. 2, 2026) On February 2, 2026, the Federal Circuit affirmed summary judgment of non-infringement in Range of Motion Products, LLC v. Armaid Company Inc., holding that Armaid’s massage device did not infringe Range of Motion’s (RoM) design patent. The two […]

Xodus Medical Inc. et al. v. U.S. Surgitech, Inc., No. 1-19-cv-03164 (NDIL Jan. 30, 2026) In a recent decision that may surprise patent drafters and litigators alike, the Northern District of Illinois held that a patent claim using flexible, outcome-oriented language was not invalid for indefiniteness.  In Xodus Medical Inc. et al. v. U.S. Surgitech, Inc., […]

Top Glory Trading Group Inc. and DP Dream Pairs Inc. v. Cole Haan LLC, IPR2025-01395 (P.T.A.B January 12, 2026) A recent decision by United States Patent and Trademark Office (“USPTO”) Director Squires may signal renewed interest in inter partes review (“IPR”) as a vehicle for challenging design patents. On January 12, 2026, the Director issued […]

Illinois Tamale Co., Inc. v. LC Trademarks, Inc., 2026 WL 125544 (7th Cir. Jan. 16, 2026) Be vigilant of how the public perceives your trademark, because if the primary significance of your mark has become the generic name of a good, you may lose your trademark. In Illinois Tamale Co., Inc. v. LC Trademarks, Inc, […]