Fresh complaints, Federal Circuit decisions, and ITC actions, summarized in plain English by a practicing patent litigator. Updated every weekday morning.
Browse this morning's filingsPrecedential. A non-practicing owner seeking pre-suit damages must plead that its licensees complied with 35 U.S.C. 287(a). Settlement licenses count. Dismissal and $207,543.60 in section 285 fees affirmed.
Precedential (reissued after rehearing). Vacated eligibility of optimization claims (8,842,761 and 10,693,700); affirmed specific constellation claims (11,019,509 and 11,018,922). Infringement and $6.75/TV royalty JMOL denials affirmed.
Precedential. Affirmed written description for crystalline cabozantinib (L)-malate salt patents. Dismissed-and-vacated as to claim 3 of 11,298,349 after the noninfringement finding became unappealed.
Five patents (9,248,221, 9,895,473, 10,603,415, 11,678,896, 12,539,127) against THUNDERBOLT CAVT, ENGINE, and RED 62/68/72 catheters. Newest issued Feb 3, 2026.
Precedential: a published application is prior art as of its provisional only if the provisional supplies 112(a) support for at least one published claim of the reference.
Judge Holcomb. Patents 10,217,523 and 12,675,407 against DDR5 RDIMM/MRDIMM SKUs. Count III seeks a DJ under Idaho Code 48-1703. Dual-track ITC DN 3930 is noticed but not instituted.
Judge Counts (Midland). WDTX asserts 10,524,078, 11,051,121, and 11,533,560 vs Apple (and same-day Google 7:26-cv-00313). S.D. Cal. DJ 3:26-cv-04492 remains a different trio. Parallel ITC DN 3931 is not instituted; ITC patents unconfirmed.
Judge Gilstrap. Four GaN patents (9,929,079, 11,770,010, 11,545,838, 11,862,996) asserted against SuperGaN FETs, BDS TP65B110HRU, and listed Renesas drivers.
Precedential: a settlement royalty fight sounds in state contract law, so the appeal belongs in the Fifth Circuit, not the Federal Circuit.
Improper venue will not stop a Section 101 dismissal. Both exits affirmed in a single precedential opinion.
Informative. App. 17/005,548. Reversed improper Markush: a grouping is proper if the specification describes the recited members as performing similar functions in the context of the invention.
| Forum | Case | One-line summary | Next date | Notes & questions |
|---|---|---|---|---|
| FED. CIR. | VDPP v. Volkswagen | Licensee marking is now a Rule 12 fact for pre-suit damages, including settlement licenses. | Watch Rule 12 motions attaching licenses | One of VDPP's eleven settlement licenses had an express no-marking clause. |
| FED. CIR. | Constellation Designs v. LG | Optimization claims remanded on 101; specific constellation claims and the $6.75/TV royalty survive. | EDTX remand on '761 and '700 eligibility | LG forfeited the argument that a split eligibility ruling required vacating damages. |
| DISTRICT | Incuvate v. Penumbra | Launch-timed five-patent medtech assertion; IPR counterattack likely. | Response due this fall | Will Penumbra challenge the 2026 continuation first? Watch for a stay motion. |
| FED. CIR. | T-Mobile v. KAIFI | Settlement enforcement disputes can land in regional circuits. | 5th Cir. briefing ahead | Draft a piece on forum clauses in patent settlement agreements. |
| FED. CIR. | Dental Monitoring SAS v. Align | Vacated IPR2023-01369 FWD on 10,755,409; Dynamic Drinkware applies under the AIA. | PTAB remand | Board must find whether the Carrier provisional supports at least one published Carrier claim. Claims 1, 7, 12 already ineligible in 2024-2270. |
| ITC | Certain DRAM Devices (III) | Netlist complaint DN 3930 against Micron, HPE, Lenovo, and Super Micro; not instituted. | Institution clock running | District companion is C.D. Cal. 8:26-cv-02167 (Holcomb). Same-day Micron DJ is D. Del. 1:26-cv-01014 (Hall). |
| ITC | Certain Electronic Devices with Certain Audio Technologies | BoomCloud 360 complaint DN 3931 against Apple, Samsung, and Google; not instituted. | Institution clock running | WDTX Apple 7:26-cv-00312 and Google 7:26-cv-00313 assert 10,524,078, 11,051,121, and 11,533,560. S.D. Cal. DJ 3:26-cv-04492 is a different trio. ITC 3931 patents still unconfirmed. |
| DISTRICT | BoomCloud 360 v. Apple | Midland Counts complaint (7:26-cv-00312), filed after Apple's first-filed S.D. Cal. DJ. Same-day Google companion is 7:26-cv-00313. | Apple response after service | This is Midland (7:), not Waco (6:). WDTX numbers are now confirmed. Expect a first-to-file venue fight. |
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