On February 25, 2026, a panel of the Seventh Circuit held oral argument in the case of Kangol LLC v. Hangzhou Chuanyue Silk Import & Export Co., Ltd., No. 25-2205. The appeal arises out of an unsuccessful attempt to void a default judgment against a Chinese entity...
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Federal Circuit Clarifies When Non-Infringing Products Can Form Part of a Royalty Base
On March 6, 2026, the Federal Circuit issued a precedential opinion in the case of Exafer Ltd. v. Microsoft Corporation (No. 24-2296) reversing a district court’s exclusion of the patent owner’s damages expert’s opinion. A patent owner who successfully obtains a...
Federal Circuit Confirms Broad USPTO Director Discretion In IPR Institution Decisions
Case Overview On February 13, 2026, the United States Court of Appeals for the Federal Circuit issued its precedential decision in Apple Inc. v. Squires, Case No. 2024-1864 (Fed. Cir. Feb. 13, 2026), affirming the Northern District of California’s rejection of an...
Seventh Circuit Poised to Rule on Alternative Service by Email on Chinese “Schedule A” Defendants (Maybe)
On February 25, 2026, a panel of the Seventh Circuit held oral argument in the case of Kangol LLC v. Hangzhou Chuanyue Silk Import & Export Co., Ltd., No. 25-2205. The appeal arises out of an unsuccessful attempt to void a default judgment against a Chinese entity...
Result-Oriented Software Claims Fall Short as Federal Circuit Demands Technological Improvement
Case Overview On January 22, 2026, the United States Court of Appeals for the Federal Circuit affirmed the Rule 12 dismissal of a patent infringement action brought by US Patent No. 7,679,637 LLC against Google LLC, holding that the asserted claims were directed to...
Second Circuit Limits Alternative Service by Email on Chinese “Schedule A” Defendants in Case of First Impression
Let’s begin with the bottom line: “In sum, we conclude that email service on the Chinese defendants is prohibited by the Hague Service Convention, and thus improper under Rule 4(f)(3).” Smart Study Co., LTD. v. Acuteye-US, No. 24-313, slip op. at 19 (2nd Cir. December...
Federal Circuit Rejects Formalistic Shield to Prosecution History Estoppel
Case Summary On July 18, 2025, the U.S. Court of Appeals for the Federal Circuit reversed a $106 million jury verdict in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC, No. 2023-2153, finding that Colibri’s infringement claim under the doctrine of equivalents was...
Federal Circuit Enforces Gatekeeping Role in Patent Damages Testimony
On May 21, 2025, the United States Court of Appeals for the Federal Circuit, sitting en banc, reversed a $20 million damages award against Google LLC in a patent infringement dispute with EcoFactor, Inc. EcoFactor, Inc. v. Google LLC, No. 2023-1101 (Fed. Cir. May 21,...
Federal Circuit Issues First Word on AI Patent Eligibility
On April 18, 2025, the United States Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit brought by Recentive Analytics, Inc. against Fox Corporation. See Recentive Analytics, Inc. v. Fox Corp., No. 23-2437 (Fed. Cir. Apr....
PTAB Recalibrates Review: New Discretionary Denial Framework and Pre-Institution Reform
In less than a month, the United States Patent and Trademark Office (“USPTO”) has dramatically reformed its policies and procedures for exercising its discretion to deny institution of AIA post-grant proceedings. Rescission of June 2022 Memorandum on Interim Procedure...



