IP News & Updates From Our Global Team!

Approximation Terms in Claim Language

Photo Credit: Finn Mund

In Enviro Tech Chemical Services, Inc., v. Safe Foods Corp., the U.S. Court of Appeals for the Federal Circuit ruled that a set of patent claims reciting the term “about” was indefinite under 35 U.S.C. § 112(b) because no sufficient guidance was provided regarding the scope of this term. The Federal Circuit thus affirmed an invalidity decision of the district court. Enviro Tech owns U.S. Patent No. 10,912,321 directed to methods for treating poultry using a peracetic acid solution to increase their weight.

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Supreme People’s Court of China Interprets Application of Punitive Damages in Intellectual Property Infringement Civil Cases

On 20 April 2026, the Supreme People’s Court of China (“SPC”) issued the Judicial Interpretation of the Supreme People’s Court on the Application of Punitive Damages in the Trial of Civil Disputes Involving Infringement of Intellectual Property Rights (Judicial Interpretation [2026] No. 7) (“2026 Interpretation”). The 2026 Interpretation came into force on 1 May 2026, simultaneously repealing the previous 2021 version (Judicial Interpretation [2021] No. 4) (“2021 Interpretation”).

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Federal Circuit Agrees That “pH of 13

or higher” Means When Measured at “Standard” Temperature, In the Absence of Any Contrary Evidence in the Patents

Photo Credit: Julia Koblitz

In a recent decision, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s judgment that Mylan Pharmaceuticals Inc. did not infringe, literally or under the doctrine of equivalents, two of Actelion Pharmaceutical Ltd.’s patents. This decision provides additional clarity into the Federal Circuit’s interpretations for claim construction issues as well as when the doctrine of equivalents can apply as it relates to tangentiality and the rule of disclosure-dedication.

Tokyo, Japan: The recent IP5 Heads of Office & Industry Meeting and the PPH (Patent Prosecution Highway) event brought together leading voices from across the global IP community. Jonathan Osha was honored to contribute to these meaningful discussions on the future of patent cooperation and harmonization. 

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