Versata v. Ford (Fed. Cir., May 22, 2026) 2024-1140

Insulet v. EOFlow (Fed. Cir., May 28, 2026) 2025-1807

This episode concerns the case of Insulet Corp. v. EOFlow at the United States Court of Appeals for the Federal Circuit. The Federal Circuit reversed a massive jury award regarding trade secret misappropriation involving wearable insulin pumps. The court determined it had jurisdiction because related patent claims were effectively dismissed with prejudice due to the statute of limitations. On the merits, the majority concluded that Insulet’s claims were time-barred because the company should have discovered the alleged theft more than three years before filing suit. Evidence showed that Insulet was aware of former employees joining its competitor and had observed striking physical similarities between the rival products at trade shows years earlier. A dissenting opinion argued that the court overstepped by overturning the jury’s factual findings and applied a standard that encourages premature litigation. Ultimately, the reversal nullifies the damages and permanent injunction previously granted against EOFlow. This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Versata v. Ford (Fed. Cir., May 22, 2026) 2024-1140

This episode concerns an opinion from the United States Court of Appeals for the Federal Circuit detailing a dispute between Versata Software and Ford Motor Company regarding trade secret misappropriation and breach of contract. The court affirmed Ford’s liability for stealing software trade secrets but vacated a lower court's ruling that had reduced Versata's damages to zero. The judges determined that Versata has a statutory right to pursue unjust enrichment damages, rather than being restricted only to a model based on past licensing fees. Additionally, the appellate court reinstated an $82.2 million jury award for breach of contract, finding the original calculation was supported by sufficient evidence. The case has been remanded for a new trial specifically to determine the appropriate financial compensation for the trade secret claims. This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

A.L.M. Holding Co. v. Zydex Industries (Fed. Cir., May 19, 2026) 2025-1317

This episode concerns a legal opinion from the United States Court of Appeals for the Federal Circuit addressing whether a patent owner retains Article III standing after granting an exclusive license to another party. The case involves A.L.M. Holding Company and Ergon Asphalt, who appealed a lower court's dismissal of their infringement suit against Zydex Industries. The appellate court reversed the dismissal, determining that the plaintiffs kept sufficient exclusionary rights to satisfy constitutional requirements. Specifically, the court found that the plaintiffs' retained right to sue, their royalty interests, and their veto power over sublicensing ensured their legal interests were not illusory. By distinguishing this case from prior precedents, the judges clarified that a patent owner does not need to possess all substantial rights to maintain the standing necessary to pursue a lawsuit in federal court. This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

mCom IP, LLC v. City National Bank of Florida (Fed. Cir., May 15, 2026) 2024-2089

This episode concerns an opinion from the United States Court of Appeals for the Federal Circuit detailing a patent infringement dispute between mCom IP, LLC and City National Bank of Florida. The court affirmed the dismissal of mCom's lawsuit, agreeing with the lower court that the asserted claims regarding electronic banking systems were invalid due to obviousness. However, the appellate court reversed the financial sanctions and attorney fees previously awarded against mCom and its counsel. The judges determined that the case did not meet the "exceptional" threshold for such penalties, as there was no evidence of bad faith or frivolous litigation. Ultimately, while mCom lost its claim on the merits of the patent, the court protected the company and its lawyer from punitive legal costs. This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Actelion Pharmaceuticals v. Mylan Pharmaceuticals (Fed. Cir., May 13, 2026) 2024-1641

In this episode, the United States Court of Appeals for the Federal Circuit affirmed that Mylan Pharmaceuticals Inc.did not infringe upon patents held by Actelion Pharmaceuticals Ltd. regarding the hypertension drug Veletri®. The legal dispute centered on the requirement that the drug be manufactured from a "bulk solution" with a pH of 13 or higher, a threshold Actelion claimed was met by Mylan’s refrigerated process. However, the court determined that the term "pH" refers to measurements taken at a standard temperature of 25°C, a condition Mylan's product did not satisfy. Furthermore, the court rejected Actelion’s attempt to claim infringement through the doctrine of equivalents, ruling that the company had previously narrowed its claims during prosecution and dedicated certain pH ranges to the public. This decision reinforces industry standards by requiring precise temperature conditions for pH-related patent claims unless otherwise specified. This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.