
Episode #66
Epic Tech v. Pen-Tech Associates (Fed. Cir., September 30, 2026) 2025-1624
This episode concerns an opinion in which the Federal Circuit evaluated an appeal from Pen-Tech Associates, Inc. concerning a lower court's refusal to award sanctions and legal fees against Epic Tech, LLC following a patent infringement lawsuit. Pen-Tech argued that prior legal developments, including the Supreme Court's Alice decision , rejections from the Patent and Trademark Office , and an invalidation ruling in a related case, provided clear warnings that Epic Tech's patent claims lacked validity. The appellate court determined that the trial judge failed to adequately address these specific warnings regarding potential invalidity when dismissing the sanctions request. Consequently, the appellate panel vacated the lower court's order and sent the matter back for further review, emphasizing that judges must provide thorough explanations when rejecting arguments based on pre-filing notices of invalidity. This podcast is for entertainment purposes only and does not create an attorney-client relationship. The AI-generated hosts are not attorneys and are not providing legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

