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A divided Federal Circuit panel held that a district court abused its discretion when it excluded an expert’s opinions as being contradictory to the district court’s claim construction order. In Barry v. DePuy Synthes Cos., Appeal Nos. 2023-2226, -2234 (Fed. Cir....
Roger Taylor, PV Law Intellectual Property Partner, Named in the 2026 edition of Best Lawyers® in America, Washington DC for his work in Litigation-Intellectual Property, Litigation-Patent, and Patent Law. Roger has been recognized by Best Lawyers® in America since 2008.
On December 23, 2025, LG Energy Solution, Ltd. and the Regents of the University of California obtained U.S. Patent No. 12,506,174, titled “Solid Electrolyte Membrane, Method for Manufacturing the Same, and All-Solid-State Battery Comprising the Same” (“the ’174...
Introduction The Patent Trial and Appeal Board (PTAB) may no longer be accepting inter partes review (IPR) petitions for patents that have been in force for more than six years, and there may be nothing you can do about it. In In re Cambridge Industries USA Inc., the...
On November 25, 2025, Zhuhai CosMX Battery Co., Ltd. obtained US Patent No. 12,482,824 (“the ’824 patent”), titled “Positive Electrode Plate and Lithium-Ion Battery Comprising the Positive Electrode Plate.” According to the ’824 patent, mechanical damage such as...
We previously reported on the risks that an inter partes review (IPR) petitioner undertakes when advancing a broad claim construction, e.g., one that the patent owner is advancing but that the petitioner is resisting in a parallel district court case. See PTAB Panels...
The Federal Circuit recently clarified language in pre-AIA 35 U.S.C. § 102(a) and (e) such that prior work by a subset of inventors of a later application may be available as prior art to that later application. Those provisions establish as prior art matter that was...
In Rex Medical, L.P. v. Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., Intuitive Surgical Holdings, LLC, Nos. 2024-1072, 2024-1125 (Fed. Cir. Oct. 2, 2025), the Federal Circuit affirmed the decision of the U.S. District Court for the District of...
The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) recently issued an opinion in the case of Google LLC v. Sonos, Inc., Appeal No. 2024-1097 (August 28, 2025) (nonprecedential) regarding prosecution laches. The opinion did not address the...