In a recent March 17, 2025 summary judgment order, federal district court Judge Georgette Castner in the District of New Jersey invalidated a patent that had been filed before the 2011 America Invents Act (AIA) upon finding that a key feature of the invention, a pressure-activated cooling composition, had been created in a foreign factory rather than by the sole inventor named in the patent.  Under pre-AIA 35 U.S.C. § 102(f), “[a] person shall be entitled to a patent unless . . . he did not himself invent the subject matter sought to be patented.”

In a February 20, 2025 order, the District Court for the Northern District of California partially granted a motion to dismiss product liability claims based on theories that the descriptions of baby and infant bottles and cups as “BPA Free” were an affirmative misrepresentation. Miller v. Philips N. Am. LLC, Civil No. 3:24-CV-03781-RFL (N.D. Cal. 20 Feb. 2025).