Connor M. Larson
Subscribe to Connor M. Larson's PostsConnor Larson focuses his practice on intellectual property litigation. Read Connor Larson's full bio.
X-Ray Vision: Court Sees Through Implicit Claim Construction
By Connor M. Larson on Jun 5, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s final determination that challenged patent claims were not unpatentable, finding that the Board’s decision relied on an erroneous implicit claim construction. Sigray, Inc. v. Carl Zeiss X-Ray Microscopy, Inc., Case No. 23-2211 (Fed. Cir. May 23, 2025) (Dyk, Prost,...
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Take That Conception Out of the Oven – It’s CRISPR Even If the Cook Doesn’t Know
By Connor M. Larson on May 22, 2025
Posted In America Invents Act, Patents
Addressing the distinction between conception and reduction to practice and the requirement for written description in the unpredictable arts, the US Court of Appeals for the Federal Circuit explained that proof of conception of an invention does not require that the inventor appreciated the invention at the time of conception. Knowledge that an invention is...
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RAW Confusion? No Error Where Trial Court Declines to Clarify Agreed Jury Instruction
By Connor M. Larson on May 8, 2025
Posted In Trademarks
The US Court of Appeals for the Seventh Circuit affirmed a district court’s jury verdict that found trade dress infringement and liability under state deceptive practices law, and the court’s order entering a nationwide permanent injunction. The Seventh Circuit found the district court’s agreed jury instruction accurate and determined that there was no error in...
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Tell Us Your Secret: Case Dismissed for Failure to Identify Trade Secrets
By Connor M. Larson on May 1, 2025
Posted In Trade Secrets
The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of the defendants for the plaintiff’s failure to identify the trade secrets at issue with sufficient particularity. Double Eagle Alloys, Inc. v. Hooper, Case No. 24-5089 (10th Cir Apr. 22, 2025) (Bacharach, Seymour, Phillips, JJ.) Double...
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Opposers Beware: Your Own Mark May Not Be Protectable
By Connor M. Larson on Apr 17, 2025
Posted In Trademarks
The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of an opposition to the registration of the marks IVOTERS and IVOTERS.COM while also noting that the US Patent & Trademark Office (PTO) might want to reconsider whether it permits registration of those marks. Heritage Alliance v. Am....
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What’s the (Re)issue? Patent Term Extensions for Reissue Patents
By Connor M. Larson on Mar 27, 2025
Posted In Patents
Addressing the calculation of patent term extensions (PTEs) under the Hatch-Waxman Act, the US Court of Appeals for the Federal Circuit affirmed a district court decision that under the act the issue date of the original patent should be used to calculate the extension, not the reissue date. Merck Sharp & Dohme B.V. v. Aurobindo...
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Complex or Not Written Description Is Evaluated Against Claims
By Connor M. Larson on Jan 23, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s ruling of invalidity for lack of written description, finding that the district court erred in its analysis of written description because patents must be evaluated based on the claims themselves, not on their construction. In re Entresto, Case No. 23-2218 (Fed. Cir....
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Plausible Alternative Understanding of Prior Art? So What?
By Connor M. Larson on Dec 12, 2024
Posted In Patents
Affirming the Patent Trial & Appeal Board’s final determination that three claims were invalid for obviousness, the US Court of Appeals for the Federal Circuit ruled that a “plausible alternative understanding” of the prior art did not compel a reversal under the substantial evidence review standard. Koninklijke KPN N.V. v. Vidal, Case No. 19-2447 (Fed....
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A Lesson in Judicial Principles: No Dismissal After Decision
By Connor M. Larson on Dec 5, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit denied a patent owner’s motion to voluntarily dismiss the appeal following the Federal Circuit’s decision to vacate and remand the case to the Patent Trial & Appeal Board but before the mandate issued. Cisco Sys., Inc. v. K.Mizra LLC, Case No. 22-2290 (Fed. Cir. Nov. 19,...
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Don’t Tread on Illinois’ Absolute Litigation Privilege
By Connor M. Larson on Oct 17, 2024
Posted In Trademarks
Addressing when Illinois law’s “absolute litigation privilege” bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment finding that the plaintiff lacked a valid trade dress and reversed the district court’s decision that declined to apply the absolute litigation privilege as a complete defense to all of...
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