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Finding an Error in a Patent Decision May Not Be Enough to Win
Federal Circuit decision involving Netlist and Micron shows why finding an error in a patent ruling may not be enough to overturn it. If another independent basis supports the same result, the error may be treated as harmless.
Charles Gideon Korrell120A Patent on Your Improvement Does Not Necessarily Give You the Right to Sell It
A Federal Circuit decision involving the cancer drug Cabometyx highlights an important distinction between obtaining a patent and having the right to commercialize an invention. A later patent on an improvement may still fall within the scope of an earlier, broader patent.
Charles Gideon Korrell80When Patent Claims Describe the Goal Instead of the Technology, Protection Can Disappear
A Federal Circuit decision involving digital television technology shows why patent claims that describe a desired result may be vulnerable, while claims tied to specific technological structures can fare better.
Charles Gideon Korrell90Filing a Patent Case in the Wrong Court May Still Produce a Ruling on the Patent
A Federal Circuit decision shows that filing a patent case in an improper venue may not prevent the court from deciding a substantive challenge to the patent itself. The ruling highlights why patent owners should evaluate venue and early validity risks together before filing suit.
Charles Gideon Korrell60When a Competitor Solves the Same Problem Differently, Your Patent May Not Stop Them
A Federal Circuit decision involving competing refrigerated-truck doors shows why a patent does not necessarily block every product that achieves the same result. Patent enforcement depends on the precise claim language, the competing product’s design, and statements made while obtaining the patent.
Charles Gideon Korrell81Want to Challenge a Government Policy? First Make Sure You Have the Right Plaintiff
A Federal Circuit decision shows why challenging a government policy requires more than disagreement or advocacy costs. The plaintiff must show a concrete, ongoing injury before a court can reach the merits.
Charles Gideon Korrell90How A Patent Settlement Can Reduce the Value of Your Next Lawsuit
Patent settlements can affect more than the dispute being resolved. A Federal Circuit decision shows how earlier licenses and patent-marking practices can limit damages in later infringement cases.
Charles Gideon Korrell140The Hidden Tradeoff in Broad Patent Protection
Broad patent claims can provide valuable protection, but they also create risk. Nielsen v. TVision shows why businesses should distinguish between what a patent describes and what its claims actually require, particularly when technical details may later prove important to defending the patent.
Charles Gideon Korrell160Range of Motion v. Armaid: What Product Companies Should Know About Design Patent Risk
CAFC leaves the Range of Motion v. Armaid design patent framework intact, preserving judicial claim construction and the plainly dissimilar shortcut.
Charles Gideon Korrell91Dental Monitoring v. Align: Federal Circuit Requires Written-Description Support for AIA Provisional Prior Art
In Dental Monitoring v. Align, the Federal Circuit holds that AIA provisional prior art requires § 112(a) written-description support for a published claim.
Charles Gideon Korrell360
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