Orckit Corp. v. Cisco Systems, Inc. — Fed. Cir. (Nov 2, 2026)
The Federal Circuit hears Orckit's appeal over a patent for moving data through network equipment. The patent describes using one calculation to choose two physical links that a piece of data will travel through. The dispute also involved a federal patent lawsuit between Orckit and Cisco. Cisco asked the Patent Trial and Appeal Board to review the patent. The Board ruled for Cisco and Juniper Networks, finding the challenged claims unpatentable based on an earlier disclosure called Bruckman. Orckit challenges how the Board interpreted its claims: the words defining what the patent protects. Does choosing one link also select a second when the first choice fixes the second? And what must be arranged in parallel? Legal interpretation is reviewed de novo, meaning afresh. Factual findings need substantial evidence: enough relevant evidence for a reasonable mind to accept. George Stamatopoulos of Kobre and Kim will seek reversal for Orckit.
Orckit Corp. v. Cisco Systems, Inc. (No. 25-1319) — U.S. Court of Appeals for the Federal Circuit, argued November 2, 2026.
- 0:00Introduction
- 16:27Advocate — Debra McComas