This Cantor Colburn client alert provides insight on a recent Federal Circuit decision, Enviro Tech Chemical Services, Inc. v. Safe Foods Corp., which held that certain patent claims were invalid as indefinite under 35 U.S.C. § 112(b). The Court found that the use of the term “about” in a numerical range, without clear guidance in the patent record, failed to define the scope of the invention with reasonable certainty.

On January 14, 2026, the Federal Circuit issued a nonprecedential decision in In re Blue Buffalo Enterprises addressing how functional claim language such as “configured to” and “configured for” should be construed. The Court affirmed that, absent clear and unequivocal specification support for a narrower interpretation, such phrases are broadly construed to mean a structure is merely “capable of” performing the recited function. The decision reinforces the importance of providing meaningful specification support when using functional language in product claims and highlights the risk that broadly framed functional limitations may read on prior art. Cantor Colburn's client alert provides an analysis of the situation and what it might mean for you.

On October 15, 2025, the United States Court of Appeals for the Federal Circuit issued a precedential decision concerning the assignment of patent rights in Causam Enterprises, Inc. v. International Trade Commission, No. 23-1769 (Fed. Cir. Oct. 15, 2025). In an appeal from the United States International Trade Commission’s investigation into Causam’s request to exclude certain internet-connected “smart” thermostats from importation and sale, the Federal Circuit concluded that the assignment in question, which recited continuation patent applications but not continuation-in-part patent applications, did not include the latter. This case serves as a reminder of the importance of securing clear and comprehensive assignments for all patent rights, particularly when subject matter is added to a patent application.

Cantor Colburn LLP is pleased to announce the addition of accomplished intellectual property professionals and chemists Michael H. Brodowski, Ph.D., and Ruslan M. Arbit, Ph.D.. Dr. Brodowski is a patent attorney and trusted advisor to companies, investors, and academic and research institutions on patent and other intellectual property related matters.  Dr. Arbit is a patent agent with two decades of experience as a development chemist in the life sciences field. Their combined expertise strengthens Cantor Colburn’s chemical practice, with Dr. Brodowski contributing deep experience in patents, due diligence, transactional work, and post-grant proceedings, and Dr. Arbit bringing specialized patent knowledge rooted in two decades of hands-on chemistry. 

Partner Michael H. Brodowski, Ph.D., will be the featured speaker at the IP & Coffee Seminar Series – Celebrating World IP Day! hosted by the Albert Einstein College of Medicine, Office of Biotechnology and Business Development, presenting “The Bayh‑Dole Act: 45 Years Later,” examining the enduring impact of the Bayh‑Dole Act on intellectual property strategy, technology transfer, and the commercialization of federally funded research.

AUTM’s Annual Meeting is the largest global gathering of technology transfer professionals, bringing together leaders from universities, research institutions, and industry to advance innovation and commercialization. The conference features more than 80 educational sessions led by world‑class speakers and focuses on academic technology transfer, IP strategy, and federally funded research. The 2026 Annual Meeting will be held February 8–11, 2026, in Seattle. Cantor Colburn partner Michael Brodowski, Ph.D., will attend.