Patent Litigation

Federal Circuit Reverses District Court’s Dismissal for Lack of Article III Standing Finding Plaintiffs Possessed a Non-Illusory Exclusionary Right Sufficient for Constitutional StandingFederal Circuit Vacates and Remands Infringement and Damages Judgments Due to Improper Single-Question Verdict Form Covering Multiple Patents, Vacates and Remands on §101 Alice Step Two for Failure to Instruct Jury on the Abstract Idea, and Affirms Patent Eligibility of Two Patents

If managed with purpose, a patent portfolio can be one of a company’s most valuable strategic assets. Too often, portfolios grow without a clear connection to business objectives, consuming time and money without delivering meaningful value. A thoughtful patent audit helps companies refocus their efforts, reduce waste, and ensure their intellectual property supports long-term growth. Here are practical tips to guide an effective audit.

Patents are not static assets. They are legal instruments shaped over time by prosecution, continuation practice, post‑grant proceedings, and cross‑border filings. Treating them as fixed objects in a fixed landscape misstates the risk.

Federal Circuit Panel Holds a Patent That Fails to List Its Inventor(s) and Cannot Be Corrected According to Law Is Invalid (Precedential)Federal Circuit Holds ITC Respondent May Not Circumvent 28 U.S.C. §1659(a)’s 30-Day Requirement By Refiling Declaratory Judgment

When a patent claims software that computes a charging schedule and then makes charging occur, the Federal Circuit may require the system, not the driver, to cause the charge event.

In the second part of a two-part article addressing patent standing issues common to companies in the life sciences industry, we examine additional patent standing complications and discuss how mid-litigation transfers of ownership may affect standing, and how standing issues may ultimately impact the availability and scope of damages.

Standing is the issue that determines whether a plaintiff is the right party to bring a case. Although it is a fundamental requirement for all cases, it poses unique challenges in the patent context, particularly for life sciences companies. This two-part article provides guiding principles and potential pitfalls for plaintiffs and defendants alike. In this first article, we lay out the Federal Circuit’s framework for analyzing standing in patent cases and explain what rights a patent owner must have in order to sue for patent infringement.

OSS delivers flexibility, scalability, and speed that few proprietary stacks can match. But the benefits outweigh the risks only if the risks are actively managed. The core lesson is structural. OSS copyright compliance is indispensable but incomplete. Patent exposure can attach even where distribution is lawful and good faith is undisputed, and contributor-based patent grants, even when well drafted, do not eliminate third-party assertion risk.