Insights on Patent Litigation

The US Patent and Trademark Office (USPTO) has finalized a rule increasing the annual limit on accepted requests for prioritized patent examination from 15,000 to 20,000, effective with fiscal year 2025 (FY 2025). This adjustment is intended to accommodate sustained growth in demand for expedited examination while maintaining examination efficiency and pendency.

The US Patent and Trademark Office (USPTO) recently issued a Director Discretionary Denial decision expanding on the “settled expectations” ground for discretionary denial of a post-grant review proceeding.

The Federal Circuit recently clarified in Ingenico Inc. v. IOENGINE, LLC that inter partes review (IPR) estoppel does not extend to physical systems described in prior art patents or printed publications.

ArentFox Schiff is proud to announce that IP Litigation Practice Co-Leader Janine Carlan has been recognized in the PTAB Bar Association’s “Top 50 Women in PTAB Trials” list, which acknowledges the 50 most active female practitioners before the Patent Trial and Appeal Board (PTAB) in 2024.

Partner Ehsun Forghany was interviewed by Law360 on the rise of patent case filings, particularly in the Eastern District of Texas, which, after receiving 1,069 new patent complaints in 2024, surpassed the Western District of Texas as the most popular venue for patent litigation.

In its recent In re Floyd opinion, the US Court of Appeals for the Federal Circuit upheld a decision by Patent Trial and Appeal Board (PTAB) to reject a design applicant’s priority claim to an earlier utility filing for failing to adequately support the claimed design.

ArentFox Schiff is pleased to announce that 69 attorneys were recognized as leaders in their field and 23 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked in the 2025 edition of Chambers USA: America’s Leading Lawyers for Business.

The US Court of Appeals for the Federal Circuit recently affirmed a summary judgment of no design patent infringement in North Star Tech. Int’l Ltd. v. Latham Pool Products, Inc., ruling that the patented and accused pool designs were “plainly dissimilar” despite sharing structural similarities formed by geometric shapes and angular edges common in preexisting pool designs.

ArentFox Schiff successfully represented Nexus Pharmaceuticals in a patent infringement lawsuit, winning summary judgement for patent invalidity.

ArentFox Schiff is pleased to announce that Partners Imron Aly and Maggie Hickey have been listed among Crain’s Chicago Business’ 2025 Notable Litigators.

The US Patent and Trademark Office (USPTO) recently issued two memoranda reshaping the Patent Trial and Appeal Board’s (PTAB) approach to discretionary denials for parallel proceedings.

ArentFox Schiff successfully represented Oura, known for its innovative health and fitness smart ring, in a US International Trade Commission (ITC) investigation for infringement of its patent by smart ring manufacturing competitors in China and India.

In a precedential opinion issued on March 6, the Federal Circuit affirmed the US District Court for the Eastern District of Virginia that the claims in ImmunoGen’s US patent application 14/509,809 (“the ’809 application,” published on May 14, 2015, as US 2015/0132323) were obvious.

In Kroy IP Holdings, LLC v. Groupon, Inc., 127 F.4th 1376 (Fed. Cir. 2025), the Federal Circuit held that patentees in district court are not collaterally estopped from asserting claims that were not immaterially different from other claims of the same patent that the US Patent Trial and Appeal Board (PTAB) already held to be unpatentable.

On February 28, the US Patent and Trademark Office (USPTO) rescinded former Director Kathi Vidal’s 2022 memorandum on discretionary denials in Patent Trial and Appeal Board (PTAB) post-grant proceedings running parallel to district court litigation.

Effective February 3, the US International Trade Commission (ITC) amended its Rules of Practice and Procedure governing Section 337 investigations. While some of these amendments make technical corrections and clarifications, others substantively revise a number of rules for amending complaints, discovery limitations, and litigation funding.

Across the fashion and retail markets, artificial intelligence (AI) is revolutionizing design, marketing, and customer engagement. The legal implications surrounding intellectual property (IP) issues and the unchartered regulatory landscape puts companies at a crossroads.

ArentFox Schiff has been nationally recognized with 35 top rankings in the 2025 edition of Best Law Firms®, which honors firms for professional excellence based on consistently positive ratings from clients and peers.

ArentFox Schiff is pleased to announce that 135 attorneys have been recognized by The Best Lawyers in America 2025, with two attorneys highlighted as “Lawyers of the Year” and 70 attorneys listed as “Ones to Watch.”

The coast-to-coast expansion of ArentFox Schiff’s nationally recognized Intellectual Property practice continues with the addition of Partner Ehsun Forghany in the San Francisco office.

One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy Comfort vs. Top Brand held that the revised test did not warrant a new trial on an $18.4 million verdict issued under the “improperly rigid” obviousness standard replaced by LKQ.

Janine Carlan will speak at the Fourth Annual Patent Litigation Program IPWatchdog Masters™ series on May 14, 2024.

Bradford Frese will present at the 13th Annual Pharma IPR India Conference on March 5, 2024.

ArentFox Schiff has been awarded 62 top rankings in the 2024 edition of Best Law Firms® which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.

Kevin Nelson will speak at the American Conference Institute’s 9th Annual Paragraph IV Disputes Master Symposium on October 25, 2023.