CASE OF THE WEEK Fintiv, Inc. v. Paypal Holdings, Inc., Appeal No. 2023-2312 (Fed. Cir. Apr. 30, 2025) In its only precedential patent opinion last week, the Federal Circuit affirmed a district court’s determination that the terms “payment handler” and “payment handler service” were means-plus-function terms subject to pre-AIA 35... Read More

CASE OF THE WEEK Qualcomm Inc. v. Apple Inc., Appeal Nos. 2023-1208, -1209 (Fed. Cir. Apr. 23, 2025) For a second time in this case, the Federal Circuit considered the proper role of “Applicant Admitted Prior Art” in an inter partes review. For the second time in this case, the... Read More

CASE OF THE WEEK Recentive Analytics, Inc., v. Fox Corp., Appeal No. 2023-2437 (Fed. Cir. Apr. 18, 2025) In our Case of the Week, the Federal Circuit addressed a question of first impression concerning whether developments in machine learning are subject to patenting.  The Court found that “the application of... Read More

CASE OF THE WEEK Azurity Pharmaceuticals, Inc. v. Alkem Laboratories Ltd., Appeal No. 2023-1977 (Fed. Cir. Apr. 8, 2025) In our Case of the Week, the Federal Circuit affirmed that defendant Alkem’s proposed generic antibiotic did not infringe claims of a patent that covers appellant Azurity’s Firvanq® medication. The Court... Read More

CASE OF THE WEEK In re Forest, Appeal No. 2023-1178 (Fed. Cir. Apr. 3, 2025) In an appeal from a Patent Office decision denying a patent that would have been expired upon issuance, the Federal Circuit dismissed. Applicant Forest had filed a string of patent continuation applications, culminating with a... Read More