Posts Tagged: "patent"

Patent Portfolio Economics: Balancing Quality, Cost and Market Coverage

Patent portfolios are frequently discussed in terms of size, technological breadth, or litigation potential. Those characteristics may be easy to measure, but they are not what determines whether a portfolio succeeds or fails. At their core, patent portfolios are business assets that must be managed deliberately and strategically. When they are not, they become cost centers that quietly consume resources without delivering meaningful competitive advantage.

CAFC Agrees Content Sharing Patents are Ineligible in Win for Walmart

he U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday affirmed a Western District of Texas decision granting Walmart, Inc. summary judgment that Q Technologies’ content sharing patents are invalid as patent ineligible. The opinion was authored by Judge Lourie. Q Technologies owns U.S. Patent 9,635,108, 10,567,473 and 10,594,774, all of which are titled “Systems and Methods for Content Sharing Using Uniquely Generated Identifiers” and share a common specification.

Federal Circuit Affirms Noninfringement Finding in Ladder Patent Dispute

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday affirmed a district court’s grant of summary judgment of noninfringement in favor of Tricam Industries, Inc. in a patent infringement suit brought by Little Giant Ladder Systems, LLC. The decision held that Tricam’s ladders did not infringe Little Giant’s patent, either literally or under the doctrine of equivalents, and that the district court correctly construed the key claim term “cavity.”

CAFC Affirms Summary Judgment Ruling in Patent Suit Against NASA Mars Helicopter Subcontractor

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday affirmed a district court’s grant of summary judgment in favor of AeroVironment, Inc. in a patent infringement suit brought by inventors Paul and David Arlton. The decision held that AeroVironment’s affirmative defense under 28 U.S.C. § 1498 covered all of its alleged infringing activities related to the Ingenuity Mars helicopter. AeroVironment cross-appealed the district court’s denial of its motion for attorneys’ fees.

Judge Wolson Issues Key Summary Judgment Ruling on Eve of Trial in Arbutus v. Moderna

On February 2, 2026, U.S. District Court for the Eastern District of Pennsylvania Judge Joshua D. Wolson, sitting by designation in the U.S. District Court for the District of Delaware, made several key summary judgment rulings in advance of trial in Arbutus Biopharma Corporation and Genevant Sciences GmbH (collectively “Arbutus”) v. Moderna, Inc. and ModernaTx, Inc.

USPTO De-Designates Two PTAB Decisions on RPIs in Light of Corning Optical

The U.S. Patent and Trademark Office (USPTO) de-designated two decisions having to do with real-parties-in interest from precedential status on Tuesday. The Office de-designated Proppant Express Invests., LLC v. Oren Techs., LLC, IPR2017-01917, Paper 86 (PTAB Feb. 13, 2019); and Adello Biologics LLC v. Amgen Inc., PGR2019-00001, Paper 11 (PTAB Feb. 14, 2019). According to a USPTO email sent Tuesday, both decisions conflict with the decision in Corning Optical Communications RF, LLC v. PPC Broadband Inc., IPR2014-00440, Paper 68 (PTAB Aug. 18, 2015) (precedential).

Inside the PTAB Reset: Practical Fixes for a Reengineered PTAB | IPWatchdog Unleashed

In this episode of IPWatchdog Unleashed, I speak with Matt Johnson, Co-Chair of the PTAB Practice at Jones Day, and we take an in-depth look at the Patent Trial and Appeal Board (PTAB) nearly a decade and a half after its launch. Johnson and I discuss the ongoing PTAB reset at the United States Patent and Trademark Office (USPTO) and suggest practical fixes for a better, reengineered PTAB. The majority of the conversation is devoted to concrete, targeted reform suggestions that would lead to a better functioning PTAB and more streamlined IPR review system. Instead of abstract complaints, Johnson proposes narrowing PGR estoppel to encourage early challenges, moving IPR estoppel to the point of institution to eliminate gamesmanship, separating institution decisions from full merits adjudication to reduce confirmation bias, and rethinking quiet-title concepts to better align notice to implementers with settled expectations of patent owners.

Federal Circuit Upholds PTAB Finding that Aerial Imaging Patents are Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed two final written decisions from the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) proceedings, concluding that the board did not err in finding claims of two Eagle View Technologies, Inc. patents unpatentable as obvious. Eagle View Technologies, Inc. had appealed the PTAB’s decisions, which held that claims of its U.S. Patent Nos. 8,670,961 and 8,078,436 were obvious over a combination of prior art references. The patents, both titled “Aerial Roof Estimation Systems and Methods,” share a common specification and relate to systems and methods that allow estimates involving roofs on buildings to be created remotely. The patents teach remotely generating a roof estimate report by analyzing multiple aerial images of a building to determine the area, shape, and slope of the roof.

Moore Dissent Says CAFC Created Design Patent Law Problem in Egyptian Goddess

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday issued a precedential decision affirming a district court’s grant of summary judgment of non-infringement to Armaid Company, Inc. that its massage product did not infringe Range of Motion Products LLC’s (RoM’s) design patent claims. The opinion was authored by Judge Cunningham and Chief Judge Moore delivered a dissent in which she claimed her court has caused “the legal frame of reference” in design patent law cases to become “askew.”

PTAB Masters Panelists Predict Rough Road for Pending Patent Bills, Tough Questions from Congress on USPTO Rules, Warn of Widening Gap Between CAFC and USPTO

Panelists at IPWatchdog’s Virtual PTAB Masters Program 2026 last week had some cynical views on chances for pending patent reform bills, while on Friday other experts offered insights into developments at the U.S. Court of Appeals for the Federal Circuit (CAFC) with respect to review of Patent Trial and Appeal Board (PTAB) cases. Speaking on Thursday’s panel, titled “Capitol Hill & PTAB Politics: Innovation Policy, Congressional Oversight and Mid-term Elections,” panelists first addressed the chances of bills such as the Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act advancing this year.

USPTO’s Stewart to PTAB Masters Attendees: Tell Us Your Story, Focus on the Errors

U.S. Patent and Trademark Office (USPTO) Deputy Director Coke Morgan Stewart joined IPWatchdog’s Founder and CEO Gene Quinn this morning to kick off the Virtual PTAB Masters Program 2026. Discussing the many procedural changes that have been implemented at the Patent Trial and Appeal Board (PTAB) under first Stewart as Acting Director and then current Director John Squires’, Stewart urged patent owners responding to petitions at the PTAB to tell their stories and petitioners to focus on patents in need of clear “error correction.”

CAFC Affirms Non-Infringement Ruling for Hulu Due to Claim’s Requirement of Specific Order of Steps

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday issued a precedential decision affirming a district court decision that Sound View Innovations’ multimedia streaming patent claims were not infringed because Hulu’s “accused products do not perform the claim limitations in the required sequence.” The decision was authored by Judge Chen.

CAFC Again Declines to Overturn USPTO’s ‘Settled Expectations’ Doctrine

The U.S. Court of Appeals for the Federal Circuit (CAFC) has denied another petition for writ of mandamus seeking to challenge the U.S. Patent and Trademark Office’s (USPTO’s) so-called settled expectations doctrine, which was introduced by then-Acting Director Coke Morgan Stewart. In the present case, Google sought mandamus relief after the USPTO denied its petitions for inter partes review (IPR) of VirtaMove Corp.’s U.S. Patent No. 7,519,814 patent because “the patent[] ha[s] been in force for more than 14 years, creating strong settled expectations.”

Strengthening IP Enables Human Creativity and Economic Mobility | IPWatchdog Unleashed

In this week’s episode of IPWatchdog Unleashed, I speak with Megan Carpenter, who just recently stepped down as Dean of UNH Franklin Pierce School of Law after more than eight years. Our conversation was part personal journey and business philosophy together with a candid assessment of the IP ecosystem. We tackle emerging issues, including AI’s impact on legal practice and education. And we discuss the role of IP as essential to sustaining innovation in a rapidly evolving global economy, and fostering human creativity, innovation, and economic mobility.

The Federal Government’s Drug Price Negotiation Program Would Likely Violate Its Own Antitrust Laws

A recent U.S. Court of Appeals for the Third Circuit ruling upholding the federal Inflation Reduction Act (IRA)’s drug price negotiation program has been appealed to the U.S. Supreme Court, one of many challenges to the Act’s constitutionality. The IRA requires drugmakers to sell selected patented drugs to the government for its Medicare Parts B & D programs at a stipulated “maximum fair price”. If they don’t agree to these prices, then they face tax penalties on sales of the drug exceeding their profits from it, or the exclusion of all their drugs from Medicare and Medicaid purchases. This would foreclose access to up to 160 million patients, accounting for around 40% of US prescription drug spending or 20% of global prescription drug spending. US government purchases are valued at $200 billion annually.

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