FEDERAL CIRCUIT HOLDS ORAL ARGUMENTS THIS WEEK
The U.S. Court of Appeals for the Federal Circuit is sitting this week and will hear oral argument in several patent cases, according to the Court’s February 2026 public calendar.
Wednesday, February 4
- Apple Inc. v. LBT IP I LLC, No. 24-1508 (infringement; damages)
- BISSELL, Inc. v. ITC, No. 24-1509 (Section 337; exclusion order)
- Exafer Ltd. v. Microsoft Corp., No. 24-2296 (claim construction; infringement)
- Wildseed Mobile, LLC v. Google LLC, No. 24-1846 (validity; infringement)
- Google LLC v. Wildseed Mobile, LLC, No. 24-2178 (damages; post-trial issues)
Thursday, February 5
- VLSI Technology LLC v. Intel Corporation, No. 24-1772 (jury verdict; damages)
Friday, February 6
- Mozido, Inc. v. Apple Inc., No. 24-1742 (infringement; eligibility defenses)
- Pedersen v. Unified Patents, LLC, No. 24-2090 (PTAB standing; post-grant procedures)
- Fortress Iron, LP v. Digger Specialties, Inc., No. 24-2313 (validity; infringement)
Monday, February 9
- ST Case1Tech, LLC v. Squires, No. 23-2388 (USPTO authority; PTAB review)
Several of these cases seem likely to result in precedential opinions, given the Federal Circuit’s interest in refining damages methodology, clarifying PTAB institution standards, and addressing challenges to USPTO authority concerning post grant proceedings.
SUPREME COURT IP WATCH
Several intellectual property cases are pending before the Supreme Court, raising questions across patent and trademark law. Most notably, the Court recently granted certiorari in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., a patent case addressing induced infringement liability in the Hatch-Waxman context when a generic drug is marketed with a “skinny label” carving out patented uses. The case will test the circumstances under which marketing statements or other conduct may support inducement claims despite the absence of the patented indication from the FDA-approved label. With certiorari granted in mid-January, oral argument in Hikma is likely to be scheduled for later this spring, consistent with the Court’s typical practice, with a decision possible by the end of the term in June.
In addition to Hikma, the Court will consider multiple IP-related cert petitions, including trademark cases challenging how trademark strength is treated in likelihood-of-confusion analysis and standing to oppose trademark registrations, as well as patent petitions involving PTAB standards, claim construction, and prior art determinations in post-grant proceedings.
FIRESIDE CHAT WITH USPTO ACTING COMMISSIONERS AT IPOWNERS SPRING SUMMIT™ – MARCH 19
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