In a recent precedential decision from the Federal Circuit, the appellate court explained that words of approximation like “about” are not inherently definite or indefinite — but when a patentee fails to provide sufficient guidance as to the meaning of such terms, it can be fatal to the claims. More specifically, in Enviro Tech Chemical
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Federal Circuit Reminds Practitioners: Institution Challenges Remain Outside Appellate Review
A recent precedential Federal Circuit decision further clarifies the limited scope of judicial review over PTAB institution-related rulings, holding that refusal by the Patent Trial and Appeal Board to resolve a disputed real-party-in-interest issue under 35 U.S.C. § 312(a)(2) is unreviewable on appeal. The April 29, 2026, decision in Federal Express Corporation v. Qualcomm Incorporated…
Federal Circuit Issues Mixed Ruling on Patent Eligibility for Non-Uniform Constellation Technology
In a significant decision for telecommunications patent law, a panel of the Federal Circuit issued a mixed ruling in Constellation Designs, LLC v. LG Electronics Inc, vacating a summary judgment of patent eligibility for certain claims while affirming eligibility for others, and affirming the jury’s findings of infringement and damages. The April 28, 2026,…
What VDPP v. Volkswagen Could Mean for Patent Settlements and Marking
A pending Federal Circuit decision may force licensing counsel to rethink one of the most routine provisions in patent settlement agreements — the licensee’s denial of infringement.
Patent settlement agreements usually contain a denial of liability by the defendant/licensee, e.g., “[l]icensee denies any infringement of the asserted patents.” For decades, this language has largely been…
Is “Material Contribution” to Another’s Infringement Enough to Establish Liability for Contributory Copyright Infringement?
Last week, the Supreme Court vacated a copyright infringement judgment against an ISP provider and remanded the case to the Fifth Circuit for reconsideration in light of the Cox Communications decision (Grande Comm’s Networks v. UMG Recordings, Inc., 2026 WL 922501, at *1 (U.S. April 6, 2026)). Specifically, the Court directed the Fifth Circuit to…
The Supreme Court’s Decision on Indirect Internet Copyright Liability Could Have Far-Reaching Effects
Cox Communications v. Sony Music Entertainment | Decided March 25, 2026
On March 25, 2026, the U.S. Supreme Court delivered a landmark decision that will reshape not only how copyright law applies to the internet for years to come, but could impact other areas of intellectual property law as well. In Cox Communications, Inc. v.…
Taking Flight on Another’s Wings: Examining the Potential Abandonment of Twitter’s Iconic Trademarks
Elon Musk’s year of controversy continues as startup Operation Bluebird attempts to take flight with its rival social media platform — “twitter.new” — by asking the U.S. Patent and Trademark Office (USPTO) to find that Musk’s X Corp. has abandoned its “Twitter” and “tweet” trademarks. X Corp. responded to this petition on December 16 by…
Beyond Boilerplate: Making IP Warranties Work in Tech Transactions
By Anna Baker
If you’ve spent time in the trenches of a tech deal (as a buyer, a seller, or an advisor), you know that intellectual property (IP) representations and warranties can be a minefield. They look simple on the surface: The seller represents that they own the IP, have the right to use it, and that no…
When Courts Can Fix Patent Claim Errors: Federal Circuit Reverses Indefiniteness Ruling in Oil and Gas Equipment Case
The Federal Circuit’s recent decision in Canatex Completion Solutions, Inc. v. Wellmatics, LLC is a good example of the courts’ ability to correct obvious errors in patent claims through claim construction. Indeed, the panel’s reversal of the lower court’s ruling demonstrates that judicial correction of evident errors in patent claims — even when the error…
Standing Firm After Round One, But Going Nowhere After Round Two
In a pair of recently issued companion decisions, the Federal Circuit awarded Causam Enterprises, Inc. a victory on patent ownership (Causam v. ITC (ITC appeal)) only to pull the rug out from under the company by declaring the very patent claims at issue unpatentable (Causam v. ecobee (IPR appeal)).…