⚖ Oral Arguments, with Context

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Evolve BioSystems, Inc. v. Abbott Laboratories — Fed. Cir. (Oct 8, 2026)

No. 25-1490 Argued October 8, 2026 Published October 8, 2026

The Federal Circuit hears Evolve BioSystems versus Abbott Laboratories, a dispute over infant probiotics. Evolve's product was called Evivo. Abbott marketed Similac Probiotic Tri-Blend for use with premature infants in hospital intensive care. Evolve and the Regents of the University of California sued, alleging that combining that probiotic with milk or formula containing particular milk sugars infringed two patents. The district court held the asserted patent claims invalid because earlier clinical studies had already disclosed the relevant combinations. It also ruled against Evolve on its false-advertising claims about Abbott's marketing. Evolve appeals those rulings. Anticipation is the patent-law term for a single earlier reference disclosing every element of a claimed invention, either explicitly or inherently. An inherent feature must necessarily be present, not merely possibly present. De novo review means considering an issue afresh, without deferring to the lower court's ruling.

Evolve BioSystems, Inc. v. Abbott Laboratories (No. 25-1490) — U.S. Court of Appeals for the Federal Circuit, argued October 8, 2026.

Sources
Argument audio — Federal Circuit court original:https://www.cafc.uscourts.gov/oral-arguments/25-1490_10082026.mp3
Argument date and recording — Federal Circuit listing:https://www.cafc.uscourts.gov/home/oral-argument/listen-to-oral-arguments/
Challenged district-court ruling — public judicial opinion:https://business.cch.com/ipld/EvolveBiosystemsAbbottLabs20250107.pdf
Earlier product background — district-court opinion:https://www.govinfo.gov/content/pkg/USCOURTS-ilnd-1_19-cv-05859/pdf/USCOURTS-ilnd-1_19-cv-05859-0.pdf
Appeal identity and clerk entries — public docket reproduction:https://dockets.justia.com/docket/circuit-courts/cafc/25-1490
Anticipation and inherency — In re Montgomery:https://www.cafc.uscourts.gov/opinions-orders/11-1376.pdf
Legal terms — U.S. Courts glossary:https://www.uscourts.gov/glossary
De novo appellate review — D.C. Circuit opinion:https://media.cadc.uscourts.gov/opinions/docs/2017/11/13-7060.pdf

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