Outside Publication
2 Fed. Circ. Rulings Underscore Patent Prosecution Pitfalls, Law360
September 16, 2025Partner John Hemmer and associate Phillip Wolfe co-authored a Law360 Expert Analysis article examining two recent Federal Circuit rulings that serve as important reminders that actions taken during patent prosecution can negatively affect the enforceability of a subsequent patent.
The authors review the two cases at issue—Colibri Heart Valve LLC v. Medtronic CoreValve LLC and Top Brand LLC v. Cozy Comfort Co.—and provide key takeaways on the importance of a deliberate prosecution strategy.