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fromIPWatchdog.com | Patents & Intellectual Property Law
12 hours ago

Judge Wolson Issues Key Summary Judgment Ruling on Eve of Trial in Arbutus v. Moderna

On February 2, 2026, U.S. District Court for the Eastern District of Pennsylvania Judge Joshua D. Wolson, sitting by designation in the U.S. District Court for the District of Delaware, made several key summary judgment rulings in advance of trial in Arbutus Biopharma Corporation and Genevant Sciences GmbH (collectively "Arbutus") v. Moderna, Inc. and ModernaTx, Inc. (collectively " Moderna "), No. 1:22-cv-00252 (D. Del.).
Intellectual property law
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fromPatently-O
2 months ago

Smartrend and the Stretching of Markman: When Specification Parsing Becomes a Question of Law

Smartrend Manufacturing Group (SMG), Inc. v. Opti-Luxx Inc., No. 2024-1616 (Fed. Cir. Nov. 13, 2025). Writing for a unanimous panel, Judge Dyk reversed a jury verdict finding that Opti-Luxx's illuminated school bus sign infringed SMG's U.S. Patent No. 11,348,491 under the doctrine of equivalents. The appellate court held that no reasonable jury could find the accused product's frame performed the same function as that claimed.
Intellectual property law
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Law
fromPatently-O
6 months ago

Federal Circuit Expands Prosecution History Estoppel to Simple Claim Cancellations in Colibri Heart Valve

Prosecution history estoppel limits the doctrine of equivalents by barring infringement claims based on broad claim cancellations during prosecution.
Intellectual property law
fromPatently-O
8 months ago

Throwing Out the Jury: How the Federal Circuit's 'Particularized Testimony' Rule Further Threatens the Doctrine of Equivalents

The Supreme Court is being petitioned to reconsider the rigidity of the doctrine of equivalents established by the Federal Circuit.
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