Ian J. Howard
Subscribe to Ian J. Howard's PostsIan J. Howard focuses his practice on intellectual property litigation matters. Read Ian Howard's full bio.
Appellate deference: Reinforcing limits on reweighing evidence
By Ian J. Howard on May 21, 2026
Posted In Patents
Clarifying the proper scope of appellate review, the US Court of Appeals for the Federal Circuit affirmed an International Trade Commission final determination in full. The Court upheld the scope of the exclusion of only certain accused products and permitted importation of redesigned versions, concluding that the Commission correctly viewed the evidence and claim terms....
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Expert rule: There are reviewable non-final agency actions
By Ian J. Howard on May 7, 2026
Posted In Patents
In a decision addressing the scope of constitutional challenges to agency action, the US Court of Appeals for the District of Columbia Circuit affirmed a district court’s injunction barring an investigation by the US International Trade Commission premised on a protective order issued by an unconstitutionally appointed administrative law judge (ALJ). Sidak v. ITC, Case...
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For Statutory Equivalents, Even One Means May Be Enough
By Ian J. Howard on Jun 6, 2024
Posted In Patents
A US Patent & Trademark Office (PTO) appeals review panel decided that a means-plus-function (M+F) claim element supported by the disclosure of only a single species is not invalid for indefiniteness or lack of written description, even if the specification lacks other disclosed statutory corresponding equivalents. Ex parte Chamberlain, Appeal No. 22-001944 (App. Review Panel,...
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If the Label Is Skinny Enough – No Inducement Under Hatch-Waxman
By Ian J. Howard on Dec 14, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit made explicit what has long been considered implicit based on Warner-Lambert and its progeny, namely, that plaintiffs asserting an induced infringement theory to bar the entry of generic drugs in a Hatch-Waxman suit are subject to higher scrutiny than plaintiffs asserting the same theories outside of...
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Status Quo Has Few Defenders at PREVAIL Act Senate Subcommittee Hearing
By Christopher M. Bruno and Ian J. Howard on Nov 16, 2023
Posted In America Invents Act, Patents
On November 8, 2023, the US Senate Judiciary Subcommittee on Intellectual Property heard testimony from four witnesses on the proposed Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act. Although the PREVAIL Act includes several provisions regarding transparency and independence, its thrust is its dramatic alteration of Patent Trial & Appeal Board post-grant review...
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Downloaded: No Relief From Stipulated Claim Construction
By Ian J. Howard on Oct 26, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit ruled that a claim interpretation that flows naturally from the parties’ stipulated claim construction is binding on the parties even if the interpretation reads preferred embodiments out of the claims. Finjan LLC v. SonicWall, Inc., Case No. 22-1048 (Fed. Cir. Oct. 13, 2023) (Reyna, Cunningham, JJ.) (Bryson,...
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