Fresh From the Bench: Latest Precedential Patent Cases

CASE OF THE WEEK

Global Tubing LLC v. Tenaris Coiled Tubes LLC, Appeal Nos. 2023-1882, -1883 (Fed. Cir. Feb. 26, 2026)

In its only precedential patent opinion last week, the Federal Circuit heard cross-appeals from a district court’s summary judgment decisions finding inequitable conduct by patentee Tenaris, but dismissing Global Tubing’s Walker Process attempted monopolization claim for lack of evidence. The Court found genuine disputes of material fact precluded summary judgment on each, vacated both decisions, and remanded.

The case involved Tenaris’s patents on quenched-and-tempered coiled tubing, and Global Tubing’s theory that Tenaris procured and enforced these patents through fraud and used them anticompetitively. A Walker Process claim requires proof that the patent was obtained by knowing and willful fraud on the PTO and was maintained or enforced with knowledge of that fraud, plus all elements of a Sherman Act § 2 monopolization or attempt claim. Attempted monopolization requires predatory or anticompetitive conduct, specific intent to monopolize, and a dangerous probability of achieving monopoly power. The Federal Circuit applies its own law to Walker Process issues and reviews summary judgment de novo.

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Editors:

Nika Aldrich, IP Litigation Group Leader, Schwabe

Jason A. Wrubleski, Shareholder

Contributors:

Jason Evans, Associate