In this episode of the podcast, we discuss the decision in Apple v. Squires in which the United States Court of Appeals for the Federal Circuit affirmed that the Patent and Trademark Office (PTO) is not required to use formal notice-and-comment rulemaking when issuing instructions for denying patent reviews. The dispute centered on the NHK-Fintiv factors, which guide the Patent Trial and Appeal Board in deciding whether to decline inter partes review when parallel district court litigation is pending. The court determined these instructions are general statements of policy rather than substantive rules because they do not bind the PTO Director, who retains ultimate discretionary authority. Furthermore, the ruling emphasizes that petitioners have no statutory right to the institution of a review, leaving their legal obligations unchanged if a petition is denied. Ultimately, because the guidelines do not carry the force and effect of law, they are exempt from the rigorous procedural requirements of the Administrative Procedure Act.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

In this episode, the United States Court of Appeals for the Federal Circuit affirms a judgment against Ingevity Corporation for violating federal antitrust laws through an illegal tying arrangement. The core of the dispute involves Ingevity conditioning the licensing of its automotive emissions patent on the requirement that customers exclusively purchase its unpatented carbon honeycombs, which the jury determined were staple goods with substantial non-infringing uses. Because these honeycombs were found to be common articles of commerce rather than components unique to the patented invention, the court rejected Ingevity's claims of patent misuse protection and litigation immunity. Ultimately, the court upheld the jury's damages award of over $28 million, concluding that Ingevity’s anticompetitive conduct was a material cause of the economic harm suffered by its competitor, BASF.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

In this episode, the United States Court of Appeals for the Federal Circuit addresses a patent dispute between GoTV Streaming and Netflix regarding technologies for tailoring digital content to specific wireless device capabilities. Although the court clarifies that certain patent terms are not invalid for indefiniteness, it ultimately rules that the underlying inventions are ineligible for patenting under Section 101. The judges conclude that the claims are directed to an abstract idea—using a generic template to format data—and fail to provide a specific inventive concept that improves computer functionality itself. Consequently, the court reverses the prior judgment for GoTV and directs an entry of judgment for Netflix, effectively ending the litigation by nullifying the asserted patents.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode concerns an opinion from the United States Court of Appeals for the Federal Circuit which details a patent dispute where Range of Motion Products accused Armaid Company of infringing on its design patent for a body massaging device. The court ultimately affirmed a summary judgment of non-infringement, concluding that the accused "Armaid2" was plainly dissimilar to the patented design once functional elements were filtered out. A central theme of the ruling is the claim construction process, which requires judges to distinguish between ornamental features protected by the patent and functional aspects dictated by the tool's utility. In a notable dissenting opinion, Chief Judge Moore argues that the "plainly dissimilar" legal framework improperly focuses on minute differences rather than overall similarity, thereby stripping juries of their role in deciding whether a reasonable consumer would be deceived. Chief Judge Moore highlights the bias in how the underlying legal test is framed for consideration.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

In this episode, the Federal Circuit affirmed summary judgment for Hulu, ruling it did not infringe Sound View’s streaming patent. Although the court rejected a narrow "specialized buffer" definition, it held Claim 16 requires a specific order of operations: receiving a request before allocation.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode concerns a judicial opinion from the United States Court of Appeals for the Federal Circuit affirming a lower court's decision to dismiss a patent infringement lawsuit brought against Google. The dispute centers on U.S. Patent No. 7,679,637, which describes a web conferencing system that allows users to review recorded segments of a presentation while it is still occurring. The court concluded that the patent is legally invalid because it focuses on the abstract idea of asynchronous content review rather than a specific technological breakthrough. Furthermore, the judges found that the invention lacked an inventive concept, as it relied on conventional software components and well-known data manipulation techniques. Ultimately, the court upheld the dismissal under Federal Rule of Civil Procedure 12(b)(6), ruling that no amendment to the complaint could overcome the patent's inherent lack of eligibility.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode concerns an opinion in Barry v. DePuy Synthes Companies by the United States Court of Appeals for the Federal Circuit reviewing a district court's decision to exclude critical expert testimony and granting judgment as a matter of law in favor of the defendant. The dispute centers on patent infringement allegations regarding surgical tools and techniques used to correct spinal deformities through a method known as "en bloc derotation." While the lower court dismissed the testimony of Dr. Yassir and Dr. Neal as unreliable and contradictory, the appellate court ruled that these exclusions were an abuse of discretion. The judges determined that the experts’ findings were valid applications of the law rather than contradictions, meaning the jury should have been allowed to weigh the evidence. Consequently, the appellate court reversed the judgment and remanded the case for a new trial, asserting that the credibility of such expert analysis is a factual matter for a jury to decide.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode concerns an opinion from the United States Court of Appeals for the Federal Circuit resolving a dispute between Crocs, Inc. and the International Trade Commission regarding trademark infringement of the "Classic Clog" design. The court dismissed the portion of the appeal concerning active competitors because Crocs failed to file its challenge within the required 60-day window following the initial no-violation finding. Although Crocs argued that the timeline should be paused during a presidential review period, the court ruled that such delays only apply to findings of actual violations, not exonerations. Additionally, the court affirmed the Commission's decision to issue only a limited exclusion order against defaulting companies rather than the broader, industry-wide ban Crocs requested. The judges concluded that the Commission acted within its legal discretion by restricting the remedy to those specific parties that failed to participate in the investigation. This ruling emphasizes that appellate deadlines are strictly enforced and that remedial measures in trade disputes are closely tied to the specific status of the respondents.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

This episode concerns an opinion from the United States Court of Appeals for the Federal Circuit affirming a decision by the Patent Trial and Appeal Board to invalidate several patents owned by the Massachusetts Institute of Technology and licensed to Ethanol Boosting Systems (EBS). The legal dispute with Ford Motor Company centered on fuel management systems designed to reduce "engine knock" by using both direct and port fuel injection. The court rejected EBS’s procedural challenge regarding an alleged unauthorized stay of the proceedings, ruling that such institution-related decisions are generally shielded from judicial review. Furthermore, the court upheld a broad claim construction of the term "fuel," finding that the patents did not specifically exclude the use of gasoline as an anti-knock agent. Finally, the court concluded that substantial evidence supported the Board’s finding that the claimed inventions were obvious based on combinations of existing automotive prior art.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

In this episode, the United States Court of Appeals for the Federal Circuit dismissed an appeal involving Micron Technology and patent licensing firms Longhorn IP and Katana Silicon Technologies. The dispute stems from a lower court's decision to apply the Idaho Bad Faith Assertions of Patent Infringement Act, which required the licensing firms to post an $8 million bond after they were accused of "patent trolling." The appellate court determined it lacked jurisdiction because the order was not a final judgment and did not meet the strict criteria for an immediate interlocutory appeal. Consequently, the court refused to rule on whether the state law was preempted by federal patent law or if the bond amount was excessive. This ruling effectively maintains the status quo, requiring the parties to continue the litigation in the district court before any further federal appeals can be pursued.

This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.