Litigation News

Fortress Iron sued Digger Specialties for patent infringement over a vertical cable railing system. DSI identified omitted Chinese co-inventors Lin and Huang who contributed solutions during prototype development. Fortress named only its own employees as inventors. The Federal Circuit affirmed invalidity, ruling that omitted co-inventor Huang was a "party concerned" requiring notice under 35 U.S.C. § 256(b). Since Fortress couldn't locate Huang for inventorship correction, the patent remained invalid for failure to name all inventors.

The U.S. International Trade Commission ruled for Apple against Masimo's bid to reinstate an import ban on Apple Watches. The ITC declined to review a judge's March ruling that Apple's redesigned watches don't infringe Masimo's blood-oxygen patents. Masimo can appeal to the Federal Circuit. The dispute stems from Masimo's accusations that Apple stole pulse-oximetry technology. Apple previously removed blood-oxygen features to avoid a December 2023 import ban, then reintroduced updated technology.

The U.S. Patent and Trademark Office invalidated all claims of two TOPCon solar cell patents asserted by Trina Solar against Canadian Solar subsidiaries. Trina had filed patent infringement complaints in U.S. district court against three Canadian Solar units and initiated proceedings in China seeking significant monetary damages for alleged infringement of two other TOPCon technology patents. Canadian Solar faces multiple patent challenges from various solar technology companies across different jurisdictions.

The US International Trade Commission terminated Masimo's case seeking a second import ban on redesigned Apple Watches, ruling Apple's reworked blood-oxygen monitoring technology doesn't infringe Masimo's patents. This follows a 2021 patent dispute where ITC initially banned Apple Watches, forcing Apple to redesign the feature. Masimo can appeal to the Federal Circuit. Separately, a federal jury awarded Masimo $634 million against Apple in November for patent infringement.

The U.S. International Trade Commission ruled for Apple, declining to review a judge's March decision that Apple's redesigned Apple Watches do not infringe Masimo's blood-oxygen reading patents. This closes Masimo's bid to reinstate an import ban on Apple's Series 9 and Ultra 2 smartwatches. Masimo can appeal to the Federal Circuit. The companies remain in litigation over patent infringement and trade-secret theft, with Masimo winning $634 million in a separate November patent trial.

Two former patent litigators, Anaïs Pallut (August Debouzy, Hoyng ROKH Monegier) and Annabelle Divoy (Aramis, Hoyng ROKH Monegier), launched new IP boutique Pairs Law focusing on patent litigation. Pallut handled cases for Nipro v. Fresenius, Thales, Michelin v. Goodyear at UPC, and Ceva Santé Animale v. Bayer. Divoy specialized in telecommunications disputes including Philips v. TCL/Xiaomi, Orange v. Intellectual Ventures, and Fresenius v. Nipro. The firm will handle UPC and national court patent litigation plus trade secrets and unfair competition matters.

Mold-Tek Packaging sued Neway Industries in Delhi High Court for infringing patents IN 401417 and IN 298724 covering container closure systems. Commercial Court initially granted injunction for both patents, later vacated it for IN 298724. High Court upheld injunction for IN 401417, finding Neway failed to prove invalidity through proper claim mapping. For IN 298724, court revived injunction and remanded invalidity question to Commercial Court, emphasizing distinction between infringement and invalidity defenses.

Federal Circuit reversed district court JMOL, holding Teva's method claims for treating headaches using anti-CGRP antibodies satisfied written description and enablement requirements. Jury found Lilly willfully infringed valid claims. District court invalidated claims despite jury verdict. Federal Circuit distinguished claims from genus antibody patents, emphasizing claims covered specific treatment method, not broad antibody genus. Court noted antibodies were well-known in prior art and specification showed all antagonistic anti-CGRP antibodies treat headaches effectively.

Federal Circuit reversed $17 million jury verdict against Texas urologists in International Medical Devices v. Cornell, finding four alleged Penuma penile implant trade secrets were not protectable under California law. Three secrets (silicone pockets, mesh tabs, absorbable sutures) were disclosed in prior patents; fourth (instrument list) lost secrecy through unrestricted third-party disclosure. Court vacated damages and injunction, affirmed $1 million trademark counterfeiting judgment. Also rejected Dr. Elist's co-inventorship claims on defendants' patents.

Multiple ANDA litigation settlements resolved in Q1 2026 across federal courts. Major pharmaceutical companies including Pfizer, Astellas, Boehringer Ingelheim, Janssen, and Bayer settled patent disputes with generic manufacturers like Teva, Lupin, Hikma, and others. Settlements typically involved admissions of patent validity and infringement, injunctions preventing generic entry until patent expiration, and dismissal of all claims with prejudice. Key drugs included Jardiance, Xarelto, Myrbetriq, Wakix, and Caplyta. Parties generally bore own attorneys' fees.