On January 24, 2025, the United States Supreme Court ordered expedited briefing to resolve the current circuit split over whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.

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.”