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Kevin P. Shortsle McDermott Will & Emery

Results 1 to 3 of 3



Privilege cannot shield discovery of settlement negotiations *

USA - May 30 2012
The U.S. Court of Appeals for the Federal Circuit rejected the creation of a new settlement negotiation privilege and denied the plaintiffs’ petition for a writ of mandamus that sought to vacate a district court order compelling discovery of documents related to settlement negotiations.


Intra-circuit split continues as Federal Circuit denies rehearing en banc *

USA - November 30 2011
In denying the plaintiffs’ petition for rehearing en banc, the Court of Appeals for the Federal Circuit left open an intra-circuit split as to the proper standard in assessing the likelihood of success factor when deciding preliminary injunction motions in patent infringement cases.


Infringing characteristic need not be present in finished product *

USA - August 31 2009
The U.S. Court of Appeals for the Federal Circuit affirmed a district court’s claim construction, holding that a structural component defined in terms of its function need only be flexible at the time of manufacture and not in the finished product.