Federal Circuit Summary for Week Ending December 12, 2025
Express Mobile, Inc. v. Meta Platforms, Inc.; Nos. 2024-1190, -1191, -1192; nonprecedential; Patent Nos. 9,063,755, 9,471,287, 9,928,044; December 8, 2025
Key point(s):
- Arguments not presented in the Patent Owner Response are likely forfeited.
Shopify Inc. v. Express Mobile, Inc., No. 2024-1977; Patent Nos. 9,063,755; 9,471,287, 7,594,168, 9,928,044; nonprecedential; December 8, 2025
Key point(s):
- A patentee cannot meet its burden of proof on infringement of very technical subject matter by offering only testimony from non-experts when the accused infringer offered expert testimony of non-infringement.
Coda Development S.R.O. v. Goodyear Tire & Rubber Co., No. 2023-1880; precedential (3-0); Patent No. 8,042,586; December 8, 2025
Key point(s):
- An inventorship claim linked to claims for misappropriation of trade secrets fails when the underlying trade secret claims fail.
Pop Top Corp. v. Rakuten Kobo Inc.; No. 2025-1392; nonprecedential; Patent No. 7,966,623; December 9, 2025
Key point(s):
- A motion for reconsideration filed without first filing a required motion for leave under the local rules does not constitute a Rule 60 motion for reconsideration for purposes of tolling the time to file a notice of appeal.
Game Plan, Inc. v. Uninterrupted IP, LLC, No. 2024-1407; precedential (3-0); December 10, 2025
Key point(s):
- The TTAB correctly ignores documents attached to a summary judgment motion but not properly introduced during the party’s testimony period.
Lone Star SCM Systems, Ltd. v. Zebra Technologies Corp.; Nos. 2024-1731, -1732, -1733, -1734; nonprecedential; Patent Nos. 7,557,711, 9646,182,9,996,717, 10,482,293; December 12, 2025
Key point(s):
- Failing to show prejudice from a complained-about Board action or inaction means there is no basis to reverse the Board based on the complained-about action or inaction.


