Federal Circuit, PTAB & ITC
AI-drafted summaries of new patent decisions, posted each weekday, newest first
862 decisions
Affirmed.
The Federal Circuit affirmed the Board's final written decision in IPR2023-00889 holding claims 1-25 of the '641 patent unpatentable as obvious. Substantial evidence supported the Board's findings on dynamic modification, motivation to combine, and claim 6's SOC analysis, and the court rejected the argument that the Board lacked jurisdiction over an expired patent.
Appeal dismissed.
The Federal Circuit dismissed Mr. Moore's appeal for lack of jurisdiction because his case, about the relinquishment of parental rights, does not arise under the patent laws or fall within any other category of this court's limited jurisdiction. It dismissed rather than transferred because his notice of appeal from the same judgment had already been transmitted to and docketed at the Third Circuit.
Affirmed.
The Federal Circuit affirmed the Board's rejection of all pending claims of the '833 application as patent ineligible under § 101. Representative claim 1 is directed to the abstract idea of bartering, a fundamental economic practice, and recites only generic computer and card or device elements at Alice step two. The court did not reach the written-description ground.
Motion granted; remanded for limited purpose.
The Federal Circuit granted the Director's motion to remand for the limited purpose of providing further explanation, over Percept's opposition. The Director expressed a substantial and legitimate concern that the Board's decision lacked adequate reasoning on how the prior art meets the disputed eye-tracking limitation.
Director's Notice of Decisions on Institution (2026-10-28): 7 proceedings. 4 Trial Instituted (IPR2026-00346, IPR2026-00347, IPR2026-00361, IPR2026-00390); 1 Discretionary Denial (IPR2026-00417); 2 Referred for merits review (IPR2026-00406, PGR2026-00064).
Proceedings
IPR2026-00417, IPR2026-00346, IPR2026-00347, IPR2026-00361, IPR2026-00390 +2 more
SUPPLEMENTAL COMPLAINT FILED
This supplemental complaint, a cover-letter First Supplement filed by Cytek Biosciences, Inc., submits USPTO-certified copies of the patents, assignment documents and prosecution histories for the asserted '128, '167 and '245 patents in the investigation of Certain Spectral Flow Cytometry Systems and Components Thereof.
SUPPLEMENTAL COMPLAINT FILED
This supplemental complaint, filed by UnaliWear, Inc., supplements its September 18, 2026 complaint concerning the '193 Patent by adding assignment exhibits, priority application prosecution histories, corrected counterpart information, a narrowed set of asserted claims, and revised domestic industry language.
INVESTIGATION INSTITUTED
The Commission determined not to review ALJ Order No. 15, an initial determination granting Ergobaby's motion to amend the complaint and notice of investigation in Inv. No. 337-TA-1514, and added Xiamen Danke Health Technology Co., Ltd. as a respondent. The investigation concerns certain adjustable child carriers and components thereof.
Affirmed.
The Federal Circuit affirmed the Central District of California's dismissal of Ms. Gurvey's patent-related complaint. She never opposed the motions to dismiss despite an extension, so the arguments she raised on appeal were waived.
Appeal dismissed.
The Federal Circuit dismissed Moreno's appeal for lack of jurisdiction because a case asserting state claims, § 1983, Privacy Act, and False Claims Act claims falls outside its limited statutory review authority. It declined to transfer the appeal to the Tenth Circuit because that court had already dismissed her appeal from the same case.
Dismissed.
On the parties' agreement, the Federal Circuit dismissed You Map's appeal from the PTAB's decision in IPR2022-00568 under Fed. R. App. P. 42(b). Each side bears its own costs, and the order issued as the mandate.
Dismissed for lack of jurisdiction.
The Federal Circuit dismissed Mr. Wells's appeal for lack of jurisdiction. The district court case does not appear to fall within the court's limited subject matter jurisdiction under 28 U.S.C. § 1295, and the court cannot review decisions of other circuit courts of appeals under 28 U.S.C. § 1254.
Petition denied.
The Federal Circuit denied Daitona Carter's mandamus petition because she did not show a clear and indisputable right to relief, including a stay of the PTAB proceedings, or that she lacked other adequate means to obtain relief. Her in forma pauperis motion was also denied.
The Director denied institution of IPR2026-00268 on Patent 11,885,358 because the Petition did not name SASAC, a Chinese government entity and majority owner of Petitioner Meishan CRRC Fastening System, as a real party in interest. Applying Return Mail and Tianma, a foreign government cannot be a petitioner or RPI, and Petitioner did not carry its burden to show that no foreign government is an RPI, so it is ineligible to file an IPR. The decision rests on RPI/eligibility grounds under § 312(a)(2), not on the NHK-Fintiv factors, § 325(d), or the merits of any prior-art ground.
REQUESTS FOR REHEARING DENIED
The Director denied Petitioner's requests for rehearing in each of the three related proceedings. The order states no reasoning and names no legal basis; it only records that the Director reviewed the requests and denied them. The underlying decision to deny institution stands.
Motion granted; appeal dismissed.
The Federal Circuit granted Shoals's motion to voluntarily withdraw its appeal from the ITC's Investigation No. 337-TA-1365 and dismissed the appeal, over the intervenors' opposition. Costs were awarded to the intervenors, Voltage.
Petitions denied.
The Federal Circuit denied the mandamus petitions of Fleet Connect and OBD Sensor Solutions because they did not show a clear and indisputable right to relief. The district court did not clearly abuse its discretion in granting Rule 54(b) reconsideration and transferring all three related cases to the Northern District of Illinois under § 1404(a).
Dismissed.
The Federal Circuit dismissed the appeal for failure to prosecute because the parties did not file the status reports required by the court's earlier orders within the time permitted. The order does not reach the merits.
Appeal dismissed.
The Federal Circuit dismissed the appeal for failure to prosecute, pursuant to its July 6, 2026 order, after no response was filed to its October 5, 2026 order. Any pending motion was denied as moot.
Director's Notice of Decisions on Institution (2026-10-21): 19 proceedings. 3 Trial Instituted (IPR2026-00358, IPR2026-00374, IPR2026-00316); 2 Discretionary Denial (IPR2026-00263, IPR2026-00375); 14 Referred for merits review (IPR2026-00341, IPR2026-00380, IPR2026-00407, IPR2026-00376, IPR2026-00381, PGR2026-00059, IPR2026-00377, IPR2026-00382, PGR2026-00060, IPR2026-00378, IPR2026-00397, PGR2026-00061, IPR2026-00379, IPR2026-00400).
Proceedings
IPR2026-00358, IPR2026-00374, IPR2026-00263, IPR2026-00375, IPR2026-00341 +14 more
The Board granted Palo Alto Networks' unopposed motion under 35 U.S.C. § 315(c) and 37 C.F.R. § 42.122 to join the instituted Microsoft v. Qomplx IPR2026-00325 on the '627 patent. The petition and expert declaration were substantively identical to Microsoft's, no new grounds were raised, and joinder would not affect the schedule, so joinder promotes efficiency. Palo Alto is limited to an understudy role while Microsoft remains a party. No prior Board decision was reversed or affirmed.
Dismissed.
On the parties' agreement, the Federal Circuit dismissed JBS Hair's appeal from ITC Investigation No. 337-TA-1457 under Fed. R. App. P. 42(b), with each side bearing its own costs. The order decides no substantive issue.
Affirmed.
The Federal Circuit affirmed the Board's finding that Bushee was not prior art under pre-AIA § 102(e) because Valtrus antedated it. Substantial evidence supported the Board's findings that Word-generated disclosure metadata independently corroborated the inventor's conception testimony and that the inventors were reasonably diligent through the filing date.
Director's Notice of Decisions on Institution (2026-10-19): 26 proceedings. 10 Trial Instituted (PGR2026-00045, IPR2026-00316, IPR2026-00348, IPR2026-00359, IPR2026-00317, PGR2026-00051, IPR2026-00349, IPR2026-00360, IPR2026-00358, IPR2026-00374); 2 Discretionary Denial (IPR2026-00375, IPR2026-00263); 14 Referred for merits review (IPR2026-00341, IPR2026-00380, IPR2026-00407, IPR2026-00376, IPR2026-00381, PGR2026-00059, IPR2026-00377, IPR2026-00382, PGR2026-00060, IPR2026-00378, IPR2026-00397, PGR2026-00061, IPR2026-00379, IPR2026-00400).
Proceedings
PGR2026-00045, IPR2026-00316, IPR2026-00375, IPR2026-00348, IPR2026-00359 +21 more
DIRECTOR REVIEW GRANTED; FINAL WRITTEN DECISION VACATED-IN-PART AND REMANDED
The Director granted Patent Owner's request for Director Review, vacated the Final Written Decision as to the ground involving Labaziewicz, and remanded for further briefing. The Director rejected the argument that the Board violated the APA or erred in finding that Patent Owner had not met its burden of production on entitlement to the '854 provisional's filing date for the independently controlling limitation. Because neither party briefed that limitation in several papers, the Director ordered briefing on remand to avoid any appearance of unfairness.
EXCLUSION ORDER
The Commission found a section 337 violation by Klein Tools as to the '026 and '952 patents, affirming the FID in part, and determined to issue a limited exclusion order and a cease and desist order. It has not reached a final determination on the '167 patent, whose domestic industry issue remains pending.
Affirmed.
The Federal Circuit affirmed the Rule 12(b)(6) dismissal with prejudice, holding that representative claim 1 of the '150 patent is directed to the abstract idea of a remote version of an in-person doctor visit and lacks an inventive concept. Linden's challenge to the choice of claim 1 as representative was waived.
Appeals dismissed.
On the parties' agreement, the Federal Circuit dismissed the consolidated appeals (Nos. 2024-2281 and 2024-2282) under Fed. R. App. P. 42(b), with each side bearing its own costs. The order decides no substantive issue.
Dismissed.
On the parties' agreement, the Federal Circuit dismissed Netlist's appeal from the District of Idaho under Fed. R. App. P. 42(b), with each side bearing its own costs. The order decides no substantive issue.
Dismissed.
On the parties' agreement, the Federal Circuit dismissed the appeal from the PTAB's decision in IPR2024-01353 under Fed. R. App. P. 42(b). Each side bears its own costs, and the order issued as the mandate.
Dismissed.
On the parties' agreement, the Federal Circuit dismissed the appeal and cross-appeal from the PTAB's decisions in IPR2024-01222 and IPR2024-01223 under Fed. R. App. P. 42(b), with each side bearing its own costs. The order decides no substantive issue.
Dismissed.
On the parties' agreement, the Federal Circuit dismissed the appeal from the PTAB's decision in IPR2024-01094 under Fed. R. App. P. 42(b), with each side bearing its own costs. The order does not decide any merits issue.
Petition dismissed.
The Federal Circuit granted Speculative Product Design's Rule 42(b) motion to voluntarily dismiss its mandamus petition, to the extent of dismissing the petition. The order does not address the merits of the petition.
Affirmed.
The Federal Circuit affirmed the Rule 12(b)(6) dismissal, holding that representative claim 1 of the '403 patent is directed to the abstract idea of preventing skipping of advertisements by receiving, organizing, displaying, and controlling access to data, and contains no inventive concept under Alice/Mayo. It did not reach Hulu's alternative argument that a prior Board decision had preclusive effect.
Affirmed.
The Federal Circuit affirmed the PTAB's decision in appeal from application No. 07/516,757 under Fed. Cir. R. 36, so the Board's decision stands. The judgment gives no reasoning.
Affirmed.
The Federal Circuit affirmed the Board's PGR final written decision holding all challenged claims of UPL's '727 patent unpatentable as anticipated by Godoy and Tobler (claims 1, 3-10) and obvious over De Oliveira in view of Wiglesworth, Godoy, and Tobler (claim 2). It also affirmed the Board's denial of Syngenta's request for leave to file a sanctions motion under the 37 C.F.R. § 42.11(d)(2) safe harbor.
SUPPLEMENTAL COMPLAINT FILED
This supplemental complaint, filed by Essex Solutions Inc. and Essex Solutions USA LLC in Investigation 337-TA-3940 concerning certain extrusion-coated magnet wire, adds name-change language to paragraphs 30 and 36, replaces paragraph 59, and submits replacement and new exhibits. The new paragraph 59 alleges that an accused Wellascent PEEK wire product was displayed in a Schaeffler exhibit at the October 2025 Detroit Battery Show.
Affirmed.
The Federal Circuit affirmed the Southern District of New York's judgment under Fed. Cir. R. 36, so the district court's decision stands unchanged. The judgment gives no reasoning.
Affirmed.
The Federal Circuit affirmed the PTAB's decision in IPR2023-01254 under Fed. Cir. R. 36, so the Board's decision stands unchanged. The judgment gives no reasoning.
Affirmed.
The Federal Circuit affirmed the Northern District of California's judgment under Fed. Cir. R. 36, so the district court's decision stands unchanged. The judgment gives no reasoning.
