The Patent Litigation Podcast

Patent Litigation Strategies After the Fed. Cir. Kroy v. Groupon Decision

The Federal Circuit’s February 10, 2025 decision in Kroy IP Holdings, LLC v. Groupon, Inc. fundamentally shifts the interplay between district‑court patent litigation and Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs). In holding that a PTAB final written decision invalidating certain claims cannot collaterally estop a patentee from later asserting immaterially different claims in district court, the Federal Circuit recalibrated long‑standing assumptions about estoppel, burdens of proof, and claim‑assertion strategy. Patent owners should now reassess how they structure infringement complaints, manage claim portfolios, and engage in parallel PTAB proceedings. In this episode, Angela and Erick discuss practical guidelines including staggered claim assertion strategies and key distinctions from prior rulings. Join us for practical tips for navigating the complexities of post-Kroy patent litigation.

A Broader Path to ITC Protection: How the Federal Circuit Expanded the “Domestic Industry” Requirement, with Lessons from the Lashify Case

In a groundbreaking decision, the Federal Circuit has just reshaped the landscape of patent law by expanding what qualifies as a domestic industry under the International Trade Commission's requirements. Join us as we dive deep into the implications of the Lashify ruling for patent owners, respondents, and a host of stakeholders. How will this change the game for investments in innovation? Tune in to find out!

The Erosion of Patent Rights: How eBay v. MercExchange Eroded America's Innovation Landscape

This episode unpacks the pivotal eBay v. MercExchange Supreme Court case and how its four-factor test reshaped patent law, reducing permanent injunctions. We explore its impact on small innovators, the rise of "predatory infringement," and proposed reforms like the RESTORE Act of 2025. Experts discuss how these changes influence U.S. innovation and global competitiveness.

Fixing Patent Injunctions and the RESTORE Act

The Patent Litigation Podcast by Erick Robinson explores into the intricate world of patent disputes, bringing together expert insights on legal strategies, landmark cases, and industry trends. Here, we interview seasoned litigators, judges, and technical experts who share practical wisdom on every phase of patent litigation. From pre-filing considerations to post-trial remedies, we deliver valuable perspectives for attorneys, in-house counsel, inventors, and business leaders.