Charles Gideon Korrell

A procedural error in a patent case can look significant without being outcome-determinative. For companies deciding whether to pursue or defend an appeal from the Patent Trial and Appeal Board (PTAB), that distinction can affect litigation strategy, patent value, and the resources committed to preserving or attacking intellectual property rights. The Federal Circuit’s precedential decision in Netlist, Inc. v. Micron Technology, Inc., No. 24-1707 (Fed. Cir. Sept. 2, 2026), illustrates the point.

A company can obtain a patent on a new form of a technology and still infringe an earlier patent covering a broader category that includes it. The Federal Circuit’s decision in Exelixis, Inc. v. MSN Laboratories Private Ltd., No. 25-1236 (Fed. Cir. Aug. 31, 2026), provides a concrete example of that distinction and an important reminder for businesses developing improvements within an existing technology landscape.