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Allflex USA, Inc. v. Avid Identification Sys., Inc., No. 2011-1621 (Fed. Cir. Jan. 17, 2013)
- Winston & Strawn LLP
- -
- USA
- -
- January 24 2013
An appeal is moot if the parties settle all of their claims and make a portion of the settlement payment contingent upon the outcome of the appeal
Presido Components, Inc. v. American Technical Ceramics Corp., No. 2010-1355, 2011-1089 (Fed. Cir. Dec. 19, 2012)
- Winston & Strawn LLP
- -
- USA
- -
- December 26 2012
A finding of no competition for the purpose of irreparable harm conflicts with a clear finding of competition for the purpose of awarding damages
Content solutions, such as sports trading cards, are significantly limited by theme and physical confines, meaning that the finite number of available solutions are predictable
- Winston & Strawn LLP
- -
- USA
- -
- March 9 2010
On summary judgment, a district court found invalid as obvious two patents covering pieces of sports memorabilia items attached to trading cards
Trading Technologies, Int’l, Inc. v. eSpeed, Inc., 2008-1392, -1393, -1422 (Fed. Cir. Feb. 25, 2010)
- Winston & Strawn LLP
- -
- USA
- -
- March 2 2010
For the "all elements" rule of the doctrine of equivalents, claim vitiation applies when there is a clear, substantial difference or a difference in kind, as opposed to a subtle difference in degree
Tivo, Inc. v. Echostar Corporation, et. al, 2009-1374 (Fed. Cir. March 4, 2010)
- Winston & Strawn LLP
- -
- USA
- -
- March 9 2010
Following an order granting a permanent injunction, an infringer may still be held in contempt of that order despite good faith efforts to achieve a non-infringing design-around; and even if the infringer achieves a non-infringing design-around, it may still be held in contempt for failure to comply with the clear terms of the order
Federal courts have exclusive federal question jurisdiction over legal malpractice claims involving the prosecution of U.S. patent applications
- Winston & Strawn LLP
- -
- USA
- -
- March 9 2010
A patent applicant filed suit against her patent prosecution attorney for negligently failing to file applications under the Patent Cooperation Treaty (which provides a unified procedure for filing a single patent application in multiple countries) and for various acts of negligence relating to the preparation and filing of U.S. patent applications
A broader independent claim cannot be nonobvious where a dependent claim stemming from that independent claim is invalid for obviousness
- Winston & Strawn LLP
- -
- USA
- -
- March 9 2010
Following a five-day trial, the jury returned a special verdict that defendant willfully infringed claims of a patent relating to a cooling device designed to mount within the drive bay of a computer, that certain independent claims were not invalid as obvious, but that certain dependent claims were obvious
In re Andrew Chapman and David J. King, No. 2009-1270 (Fed. Cir. Feb. 24, 2010)
- Winston & Strawn LLP
- -
- USA
- -
- March 2 2010
An obviousness determination may be called into question if the Board of Patent Appeals and Interferences did not appreciate the full scope of a cited prior art reference
Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc
- Winston & Strawn LLP
- -
- USA
- -
- March 16 2010
When infringement is not at issue, a lawsuit for breach of know-how and patent license agreement does not arise under patent law
Ajinomoto Co., Inc. v. Int’l Trade Comm’n
- Winston & Strawn LLP
- -
- USA
- -
- March 16 2010
While not every preference constitutes a best mode for purposes of 112, the preferred embodiment of the invention must be disclosed
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