Litigation News

Computer and automotive trade organizations filed an amicus brief urging the Supreme Court to grant Google's certiorari petition challenging the USPTO's "settled expectations" doctrine. Google seeks review after the PTAB denied its IPR petition against VirtaMove's patent based on settled expectations, with the Federal Circuit denying mandamus relief. Amici argue the doctrine effectively prevents patent validity challenges after six years and violates statutory authority. The PTAB Bar Association also filed supporting Google's position.

USPTO Director John Squires initiated sua sponte review of ASUS's IPR challenging Nokia's U.S. Patent No. 10,536,714 covering H.264/H.265 video coding technology. Nokia alleged ASUS violated its Sotera stipulation by raising the same invalidity theories in parallel ITC Investigation No. 337-TA-1448. The IPR proceeding is stayed pending determination of whether ASUS breached its binding commitment not to raise IPR grounds in other forums. Both parties must file briefs by June 2, 2026, addressing the violation and appropriate remedy.

A jury in the US District Court for Massachusetts ruled in favor of Abiomed against Getinge subsidiary Maquet Cardiovascular in a patent infringement dispute. The jury found Abiomed's Impella percutaneous ventricular assist device does not infringe Maquet's intravascular heart pump patents. This verdict covers one of two ongoing patent cases between the companies. Maquet is evaluating options for appeal. Getinge states the verdict has no negative financial or operational impact.

Federal Circuit affirmed Judge Andrews's ruling that Lupin's tolvaptan ANDA process doesn't infringe Otsuka's patents and that the method claims are invalid as obvious over prior art. The decision highlights how district courts are increasingly handling obviousness challenges previously addressed by PTAB, as Director Squires has effectively shut down inter partes reviews. Judge Andrews applied PTAB-style obviousness analysis, finding motivation to modify prior art with reasonable expectation of success.

Dallas IP firm Caldwell Cassady & Curry adds associate Vlada Wendel to expand patent infringement practice. Wendel handles complex patent litigation in communications, semiconductors, and software across major venues including Eastern/Western Districts of Texas, Delaware, and Central District of California. Her experience spans district court litigation, ITC investigations, and PTAB challenges, representing corporate defendants in high-stakes patent cases. Registered patent attorney with electrical engineering background joins from Am Law 100 firm.

USPTO held third PTAB Listening Session on Patent Trial and Appeal Board administration and reform. Panelists including attorneys from O'Melveny & Myers, Baker Hostetler, HP counsel, and retired CAFC Chief Judge Paul Michel discussed needed changes for clarity and consistency. Key issues included evidence standards, multiple petition challenges, Director discretion in instituting cases, and procedural improvements. Novartis cited 2017 CAFC case Novartis v. Noven Pharmaceuticals as example of PTAB shortcomings. Michel advocated for rules over guidance memos and reduced expert testimony reliance.

USPTO Director John Squires issued a precedential decision denying Magnolia Medical Technologies' IPR petition against Kurin Inc.'s patent. Squires emphasized AIA proceedings should be litigation alternatives, not harassment tools for gaining litigation leverage. The decision criticized Magnolia's attempt at a "second bite at the apple" after losing in district court, where a jury found Kurin's patent not invalid and Magnolia's expert testimony was precluded due to inadequate claim construction disclosure.

CAFC affirmed Southern District of Florida's dismissal of mCom IP's patent infringement complaint against City National Bank of Florida, finding asserted claims from U.S. Patent No. 8862508 (e-banking system) obvious based on prior PTAB invalidation of related claims. However, CAFC reversed $87,000+ attorney's fees award under Section 285 and sanctions under Section 1927, ruling district court improperly found case exceptional without evidence of frivolous litigation conduct by mCom's counsel.

Alpha Modus Holdings settled its patent infringement lawsuit against Adroit Worldwide Media in the Central District of California. The November 2025 complaint alleged infringement of patents covering real-time consumer behavior analysis and in-store digital engagement technologies. A joint stipulation of dismissal with prejudice was filed May 14, 2026, pursuant to a confidential settlement agreement. Alpha Modus continues pursuing additional patent enforcement actions across the in-store AI and retail media landscape.

JOOLA and Paddletek Group settled patent infringement litigation filed by JOOLA with the International Trade Commission on April 7, 2026. The dispute involved Paddletek's Reserve, HoneyFoam™, and ProXR Signature Jolt products allegedly infringing JOOLA's propulsion core patent. Under settlement terms, Paddletek and ProXR Pickleball will add JOOLA's patent number to relevant products, pay royalties, and phase out affected products through fall. JOOLA continues pursuing ITC litigation against nine other respondents.