The Federal Circuit has recently issued several important rulings and clarifications affecting patent litigation and intellectual property law. In the case of EcoFactor, Inc. v. Google LLC, the court examined the limits of gatekeeping testimony related to damages, emphasizing the court's role in overseeing expert evidence on damages. Additionally, the Federal Circuit clarified that statements made during the prosecution of a parent patent application can disavow the scope of claims in subsequent patents. The court also provided guidance on the standard for patent conception amid ongoing CRISPR-related disputes. Furthermore, the Federal Circuit addressed the scope of inter partes review (IPR) estoppel and highlighted that structural components alone are insufficient for certain patent eligibility claims under Section 101. In a separate development, Apple informed the Federal Circuit that an en banc decision ordering a new damages trial in a separate lawsuit against Google supports Apple's appeal of a $300 million verdict against Google for infringing Optis-owned standard-essential 4G patents. Meanwhile, the U.S. Patent and Trademark Office (PTO) has opened a public comment period aimed at combating counterfeit goods and has issued recent decisions on discretionary denials, underscoring the importance of timing in such matters. These developments collectively reflect ongoing judicial and administrative efforts to refine patent litigation standards and enforcement.
Apple told the Federal Circuit that its en banc decision ordering a new damages trial in a separate suit against Google bolsters its own appeal of a $300 million verdict against the tech giant for infringing standard-essential 4G patents owned by Optis. https://t.co/vRoyfb23Rr https://t.co/SE89TQbidC
A Dangerous Combination: False Claims Act and Trade Violations (Part II of III) https://t.co/WYCl9IPSz4 | by @mikevolkov20
Federal Circuit Clarifies Scope of IPR Estoppel https://t.co/wwVLkQKAY3 | by @DorseyWhitney