Lawsuits
The cases shaping patent law, in plain English.
Federal Circuit Affirms Dismissal of Gurvey's Suit Against Live Nation After Unopposed Motions
In a nonprecedential October 26 opinion, the Federal Circuit held that Amy R. Weissbrod Gurvey waived her appeal arguments because she never opposed the motions to dismiss in the Central District of California, even after the district court extended her deadline.
Got a Patent Demand Letter or Complaint? How to Read It, and How to Read the Rights Holder's Record
A patent demand letter or a lawsuit is not a verdict. Here is what to do in the first days, how to read what you received, how to look up the rights holder's public record yourself, and what the real options are.
Federal Circuit Denies Mandamus After Transfer of Three Patent Suits Against Xirgo
In a nonprecedential October 22 order, the court denied petitions by Fleet Connect Solutions LLC and OBD Sensor Solutions LLC, leaving in place the Eastern District of Virginia's transfer of three patent infringement suits against Xirgo to the Northern District of Illinois.
Court Construes Four Disputed Terms in Nike's Flyknit Patent Suit Against New Balance
In an October 19 claim construction order, the District of Massachusetts held that an "article of footwear" requires an upper and a sole structure and excludes hosiery, stockings, and socks, as Nike proposed, and that "a [flat] knit textile element" is one that has not been cut from a larger textile web and is therefore composed of only flat knit edges, as New Balance proposed.
Court Denies Porter Hedges' Motion to Intervene Over Fees in Magçmâ's Settled Patent Case Against Phillips 66
In an October 16 memorandum opinion, the Southern District of Texas held that it had supplemental jurisdiction over the law firm's fee claims against its former client, then declined to exercise it and denied the firm's motion to intervene.
Federal Circuit Affirms Section 101 Dismissal of Piranha's Digital Ad Patents Against Hulu
In a nonprecedential October 14 opinion, the court affirmed a Central District of California dismissal holding that representative claim 1 of U.S. Patent No. 10,986,403, asserted with continuation U.S. Patent No. 11,463,768, is directed to an abstract idea under 35 U.S.C. 101 and lacks an inventive concept.
ITC Institutes Vicor's Vertical Power Delivery Investigation Against 20 Respondents
An October 14 Federal Register notice institutes Investigation No. 337-TA-1526 on Vicor Corporation's complaint asserting U.S. Patent No. 10,903,734. Vicor asks for a limited exclusion order and cease and desist orders, and the Commission said it is interested in the development of a thorough record on domestic industry.
Federal Circuit Dismisses Sarepta's IPR Appeal Against Penn and REGENXBIO by Agreement
A nonprecedential October 8 order dismissed Sarepta Therapeutics' appeal from the Patent Trial and Appeal Board in IPR2024-00580 under Federal Rule of Appellate Procedure 42(b), with each side bearing its own costs.
Boston Scientific Sues Atraverse on a Continuation Patent 22 Days After It Issued
An October 7 complaint in the District of Delaware asserts at least claims 1 and 22 of U.S. Patent No. 12,733,955 against Atraverse's HOTWIRE guidewire. The application behind it was filed in October 2025, two months after Boston Scientific first sued Atraverse on an earlier patent in the same family.
Federal Circuit Orders USC's Patent Suit Against Google Moved to Northern California
In a nonprecedential October 6 order, the Federal Circuit granted Google's petition for a writ of mandamus, vacated the Western District of Texas order denying transfer, and directed the district court to grant Google's motion to the extent that the case is transferred to the Northern District of California under 28 U.S.C. 1404(a).
Federal Circuit Gives "Joined" Its Ordinary, Broad Meaning in a Lighted Cover Plate Appeal
In a nonprecedential October 5 decision, the court reversed summary judgment of non-infringement on six claims of U.S. Patent No. 9,871,324 and directed partial summary judgment of infringement on claims 1, 2, and 8. It affirmed non-infringement on 17 other claims across both patents.
Wearne Digital Sues Pfizer in New York Over Its Cold Chain Distribution
A complaint file-stamped October 2 in the Southern District of New York pleads direct infringement of at least claim 9 of U.S. Patent No. 11,456,067 and asks for an injunction or an ongoing royalty, adding that any requested injunction should be tailored to proven infringement and account for continuity of access to vaccines and other therapeutics.
Federal Circuit Affirms That Herbicide-Degrading Enzyme Claims Were Not Enabled
A nonprecedential opinion of October 2, 2026, affirms that claims 1 through 33 of U.S. Patent No. 11,371,055 are unpatentable for lack of enablement.
Incuvate Asserts Five Related Aspiration-Monitoring Patents Against Penumbra
The August 19 complaint in the Northern District of California accuses Penumbra's THUNDERBOLT platform and related components. The five asserted patents trace to a 2014 provisional application. Full analysis at Patent Litigator.
BoomCloud 360, Apple, and Two Different Patent Trios
Apple filed first, in the Southern District of California, on one trio of BoomCloud 360 patents. BoomCloud then sued Apple and Google in Midland, Texas, on a different trio, and the ITC instituted Inv. No. 337-TA-1521 on that Midland set. Google, Samsung, and Motorola have filed their own declaratory-judgment actions on Apple's trio. Full analysis at Patent Litigator.