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Practice Tips: En Banc Ruling Sets Higher Threshold for Expert Testimony
Posted by: Dariush Adli on Mar 21, 2026 An en banc decision by the Federal Circuit has reinforced the conclusion among some patent practitioners that the court implemented a higher standard of scrutiny for expert opinions, raising concerns that the higher standard may empower district courts to rule on matters formerly considered the realm of…
Adjusting the Standard for Patent Subject Matter Eligibility
The Federal Circuit Court of Appeal issued a decision last year Contour IP Holding LLC v. GoPro, Inc., 113 F.4th 1373 (Fed. Cir. 2024) (“GoPro”), which addressed subject matter eligibility standard for obtaining patent protection for inventions. The pivotal decision continues to reverberate and stir debate and discussion among academics and patent practitioners. This article…

