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Results: 1-10 of 39

Limits on the use of the disclosure-dedication rule under doctrine of equivalents

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 29 2012

Addressing for the first time the issue of whether the disclosure of subject matter in a document incorporated by reference amounts to a dedication of that subject matter to the public under the Johnson & Johnston disclosure-dedication rule, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s summary judgment of non-infringement, holding that the host patent must first sufficiently inform one of ordinary skill that the incorporated document contains subject matter that is an alternative to a claim limitation before the dedication rule can be used to limit equivalents

Federal Circuit clarifies entire market value rule, hypothetical negotiation date and use of settlement agreements

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 6 2012

In LaserDynamics v. Quanta Computer, the U.S. Court of Appeals for the Federal Circuit overturned an $8.5 million lump sum jury award and remanded the case for a new trial on damages

Commission affirms no violation finding as to four patents and remands to ALJ with respect to one patent in Inv. No. 337-TA-745

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 1 2012

On August 24, 2012, the Commission issued a Notice of its decision to affirm the ALJ’s finding of no violation as to U.S. Patent Nos. 5,636,223 and 6,272,333 patents and to reverse the finding of violation as to U.S. Patent No. 6,246,697 in Inv. No. 337-TA-745, Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers and Components Thereof, involving Complainant Motorola Mobility and Respondent Apple

Posner to AppleMotorola: no damages, no injunction, no trial

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 31 2012

Judge Posner (of the U.S. Court of Appeals for the Seventh Circuit), sitting by designation, derailed Apple’s and Motorola’s expected patent liability trial when he found that both parties provided insufficient evidence to support either damages or injunctive relief

Federal Circuit affirms jury verdict of invalidity based on on-sale bar and public use

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 28 2012

Affirming the district court’s judgment, the U.S. Court of Appeals for the Federal Circuit cleared Facebook of allegations of patent infringement, finding that that the patent in suit was invalid under 35 U.S.C. 102(b) because the patentee’s product which embodied the patented subject matter was on sale and in public use more than one year before the filing of the patent

ALJ Rogers declines to disqualify complainant's counsel in Inv. No. 337-TA-827

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 13 2012

ALJ Rogers granted Google, Inc.'s motion to intervene, but declined to disqualify Complainant Digitude Innovation's counsel from representing it on any issues adverse to Google or Google's Android platform, in Inv. No. 337-TA-827, Certain Portable Communication Devices

Cost-shifting for use of an electronic document database trumped by parties’ agreement to share costs

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 30 2011

Addressing cost-shifting awards under 28 U.S.C. 1920, the U.S. Court of Appeals for the Federal Circuit held that costs for the use of an electronic document database would have been taxable absent the parties’ cost-sharing agreement

New complaint filed by VirnetX against Apple

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 7 2011

On November 4, 2011 VirnetX, Inc. filed a complaint regarding Certain Devices with Secure Communication Capabilities, Components Thereof, and Products Containing the Same. Apple Inc. is named as the only proposed respondent. VirnetX alleges that Apple, Inc. infringes U.S. Patent No. 8,051,181 (the “’181 patent”) for a “Method for Establishing Secure Communication Link Between Computers of Virtual Private Network.”

New complaint filed by Furuno names Honeywell and Skyforce as proposed respondents

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 4 2011

The ITC received a new complaint on September 30, 2011 filed on behalf of Furuno Electric Co. Ltd. and Furuno USA Inc

Procedural schedule set in Inv. No. 337-TA-784

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 16 2011

On September 15, 2011, ALJ Theodore R. Essex set the procedural schedule in Inv. No. 337-TA-784, Certain Light-Emitting Diodes and Products Containing the Same, based on the parties joint proposed procedural schedule