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by Dennis Crouch
For the past year, the Federal Circuit has been systematically tightening the screws on patent damages and particularly pro-patentee expert testimony on the issue. Beginning with EcoFactor, Inc. v. Google LLC, 137 F.4th 1333 (Fed. Cir. 2025), the court vacated a $20 million reasonable royalty award for insufficient apportionment. Then came <...
by Dennis Crouch
Oral argument at the Federal Circuit typically lasts 30 minutes. But the judges on the panel do not divide that time equally among themselves. I used a sample of 1000+ Federal Circuit oral arguments and found some big differences among the judges.
The Supreme Court will shortly decide whether to grant cert in Lynk Labs. At the suggestion of a reader, I wanted to make these posts about the case available to non-subscribers seeking to research the issues.
Dennis Crouch, Prior Art Document vs. Prior Art Process: How Lynk Labs Exposes a Fundamental Ambiguity in Patent Law, Patently-O (July 9, 2025), ...by Dennis Crouch
In Apple v. Squires, the Federal Circuit has again reinforced the USPTO Director's broad and largely unchecked discretionary power at the IPR institution stage. Over the past several years, the court has systemati...
by Dennis Crouch
The Federal Circuit has affirmed an $84.9 million antitrust patent-misuse judgment against a patent owner who conditioned licenses on exclusive purchase of unpatented products, finding that the products were "staple goods" with substantial non-infringing uses and therefore outside the Congressionally created safe harbor 35 U.S.C. § 271(d).