Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article suggesting a recent Federal Circuit decision “stressed that the inventorship listed on a patent demands perfection”;
- a blog post noting “a final rule in the Federal Register” explains that the USPTO “is ‘revising its practice of requiring additional information for delays in taking certain actions in patent applications and patents'”;
- an article discussing how the “Department of Justice has told the Federal Circuit that multibillion-dollar patent infringement litigation should be directed at the government, instead of Moderna”; and
- an article arguing “[m]any news outlets have struggled to accurately characterise the nature of the proceedings surrounding [Judge] Newman, leading to widespread misunderstanding among readers and legal observers alike.”
Linnea Cipriano and Timothy Beavers penned an article for Bloomburg suggesting a recent Federal Circuit decision “stressed that the inventorship listed on a patent demands perfection.” The authors explain how the “decision confirms that improper inventorship remains a defense to patent infringement liability—since a patent is invalid if it fails to list the correct inventors—and provides insights for both patent holders and those accused of infringement.” For more information, check out the opinion in Fortress Iron, LP v. Digger Specialties, Inc.
Donald Zuhn published a blog post for Patent Docs noting “a final rule in the Federal Register” explains that the USPTO “is ‘revising its practice of requiring additional information for delays in taking certain actions in patent applications and patents.'” Zuhn highlights how the rule moves from “‘requiring additional information for delays exceeding two years to requiring additional information for delays exceeding one year.'” According to Zuhn, the “new rule will take effect on August 13, 2026, and will apply to any new petition filed after the effective date.”
Tom Lotshaw wrote an article for Law360 discussing how the “Department of Justice has told the Federal Circuit that multibillion-dollar patent infringement litigation should be directed at the government, instead of Moderna.” Lotshaw reports the “government said in [a] filing it clearly contracted with Moderna for an Operation Warp Speed initiative to develop a COVID vaccine and supply millions of doses and included a broad clause that authorized it to make use of patented inventions to perform required work.”
Tim Ashour authored a blog post for London Insider arguing “[m]any news outlets have struggled to accurately characterise the nature of the proceedings surrounding [Judge] Newman, leading to widespread misunderstanding among readers and legal observers alike.” Ashour contends the “phrase ‘shadow impeachment’ has entered the public discourse around [Judge] Newman’s case, though its precise legal meaning and implications remain poorly understood by many commentators covering the story.”