The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Biofer S.p.A. v. Vifor (International) AG affirming a judgment of non-infringement by the U.S. District Court for the Eastern District of New York in favor of Swiss Pharmaceutical company, Vifor (International) AG. The dispute centered on the construction of a claimed pH range recited in a patent covering a process for producing iron-sugar complexes used to treat iron deficiency.
Yesterday, the U.S. Court of Appeals for the Federal Circuit issued a ruling in Vieth v. MOM Enterprises, LLC affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of Elaine and Dr. Reinhold Veith’s patent claims to methods of administering vitamin D to human beings. The Federal Circuit agreed that most of the claim construction and prior art arguments raised by the Vieths on appeal were forfeited for not being properly developed in the proceedings below, and also dismissed the Vieths’ contentions that they had established nexus between industry praise for its products and the challenged method claims.
On September 1, the U.S. Department of Justice (DOJ) filed a Statement of Interest urging the U.S. District Court for the Southern District of New York to hold that using copyrighted written works to train large language models (LLMs) is fair use, arguing that a contrary result would distort copyright law, suppress innovation and weaken U.S. competitiveness and national security. The statement was filed in reference to the multidistrict copyright litigation against OpenAI, although it specifically addressed claims by The New York Times and said its reasoning also applies to the related cases involving book authors and publishers.
The House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held an oversight hearing today to consider its role in renewing the U.S. Patent and Trademark Office’s (USPTO’s) fee setting authority. Throughout the hearing, Subcommittee Chairman Darrel Issa (R-CA) expressed skepticism about USPTO Director John Squires’ recent changes to discretionary denial practice at the Patent Trial and Appeal Board (PTAB) and wondered whether renewal of such authority under the America Invents Act (AIA) should be conditioned on reforms to the agency’s policy.
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in Ironburg Inventions Ltd. v. Valve Corporation, reversing a district court ruling that had estopped Valve Corporation from asserting two invalidity grounds at trial. The majority opinion, authored by Judge Hughes, concluded that the district court relied on insufficient evidence to estop one ground and failed to adequately account for hindsight bias in estopping the other. Judge Stark filed a concurring opinion.
This week on IPWatchdog Unleashed, I speak with Martin Correa. Correa, who leads foresight work at the World Intellectual Property Organization (WIPO). Correa’s job is not to predict the future of IP, but to consider what futures are possible so WIPO and Member States can be better prepared for whatever eventuality does materialize. And since there is no data about the future—as he puts it—his work uses signals of change, horizon scanning and competing scenarios to expose assumptions and identify the decisions that could push the IP system in one direction or another.
Patent monetization is often discussed as if the hard part begins when a patent owner makes the decision to license, sell, finance, or enforce its patent assets. That is a mistake and demonstrates a lack of understanding of the difficulties and complexities of patent monetization. By the time a patent owner is sitting across the table from a potential licensee, buyer, lender, litigation funder, or accused infringer, much of the outcome has already been fully determined. The real work begins years earlier in preparation for monetization.
Many Worlds 2T Innovations LLC has filed a patent infringement lawsuit against OpenAI OpCo, LLC, alleging that OpenAI’s artificial intelligence products and services infringe five AI patents covering personalized search, vector-based retrieval, recommendation systems and probabilistically controlled content generation. The complaint, filed August 31, 2026, in the U.S. District Court for the Eastern District of Texas, Marshall Division, seeks a jury trial, monetary damages in the form of past and continuing royalties, enhanced damages for alleged willful infringement, and an injunction prohibiting continued infringement.
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in Netlist, Inc. v. Micron Technology, Inc., affirming a Patent Trial and Appeal Board (PTAB) final written decision that found all challenged claims of a Netlist computer memory patent unpatentable as obvious. The court rejected Netlist’s arguments that the Board’s findings lacked substantial evidentiary support and that the Board violated the Administrative Procedure Act (APA) in reaching its conclusions.
This week on IPWatchdog Unleashed, I spoke with Bijou Mgbojikwe, who serves as Senior Policy Counsel for the Entertainment Software Association. Our conversation examined the rapidly expanding intersection of artificial intelligence, intellectual property, and video game policy. The central challenge is that legislation often treats very different technologies and use cases as though they present the same risks. Mgbojikwe discussed the distinction between harmful deepfakes and digital replicas used in legitimate creative works, including films and video games. Those concepts can implicate different legal frameworks, including right-of-publicity laws, copyright, consumer-protection statutes, and the First Amendment. When lawmakers combine them through broad definitions that are intended to prevent fraud, for example, legislation aimed at deception or abuse can inadvertently reach fictional characters, realistic game environments, and other expressive content.
The United States patent system is not failing because Americans have stopped inventing. It is failing because the legal and institutional architecture built to protect invention no longer operates as a coherent innovation framework. Over time, the system has become a patchwork of overlapping tribunals, inconsistent legal standards, procedural inefficiencies, and doctrinal barriers that make it harder to obtain, defend, enforce, license, and rely upon even high-quality patent rights covering innovations of extraordinary consequence. Now in the coming months we will move forward with a candid, serious, historically grounded, and focused conversation on building—not merely patching—the next American patent system.
Recent amendments to Federal Rule of Evidence 702 did not invent the trial judge’s gatekeeping obligation, nor did they transform economic analysis. They did, however, sharpen the focus on the burden of establishing admissibility and whether an expert has reliably applied a valid methodology to the facts. Combined with the Federal Circuit’s increasingly demanding review of patent damages opinions, the practical message is unmistakable: the economic case must be engineered from the beginning, or you will surely suffer the consequences only after it is too late.
The mythology surrounding the act of invention tends to concentrate on the breakthrough moment. There is a flash of insight, a sketch is made on a cocktail napkin, the prototype is assembled in a garage to prove the brilliance of the concept. Unfortunately, commercial markets are considerably less romantic. They do not reward ideas merely because they are clever, patentable or even technically superior. They reward products that work, solve a problem customers recognize, can be manufactured at an economically sustainable price and generate an acceptable return for whoever assumes the risk of bringing them to market.
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