Fresh From the Bench: Latest Precedential Patent Cases

CASE OF THE WEEK

IGT v. Zynga Inc., Appeal No. 2023-2262 (Fed. Cir. July 22, 2025)

In this week’s Case of the Week, the Federal Circuit examined the reviewability and merits of the Patent Trial Appeal Board’s decision to institute inter partes review of an online gaming patent owned by appellant IGT.  The IPR challenge was brought by mobile game developer Zynga, who IGT argued was estopped due to patent interference proceedings involving Zynga’s predecessor in 2010.  The Board and USPTO Director each disagreed, and IGT’s challenged claims were ultimately found to be unpatentable as obvious.  On review, the Federal Circuit held that the declination to apply “interference estoppel” was non-appealable under 35 U.S.C. § 314(d), and that there were in any event sound reasons underlying the Board’s decision.  The Court also affirmed the obviousness determination on the merits.

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ALSO THIS WEEK

Acorda Therapeutics, Inc. v. Alkermes PLC, Appeal No. 2023-2374 (Fed. Cir. Jul. 25, 2025)

In this appeal from the Southern District of New York, Appellant Acorda Therapeutics sought the modification of an arbitration award denying recoupment of certain royalty payments Acorda made to respondent Alkermes under a patent license agreement.   The agreement covered the active ingredient in the drug Ampyra®, which Acorda continued to make and pay royalties on after the expiration of Alkermes’ patent in 2018.  Acorda argued that the arbitration panel manifestly disregarded the law in denying recoupment of post-expiration royalty payments that Acorda made without formal protest. The Federal Circuit concluded that it lacked jurisdiction over the appeal under 28 U.S.C. § 1295(a)(1) and thus transferred the case to the Second Circuit Court of Appeals.

The opinion can be found here.

Editors:

Nika Aldrich, IP Litigation Group Leader, Schwabe

Jason A. Wrubleski, Shareholder

Contributors:

Elizabeth Graves, Associate