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Allflex USA, Inc. v. Avid Identification Sys., Inc., No. 2011-1621 (Fed. Cir. Jan. 17, 2013)

Winston & Strawn LLP
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USA
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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
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USA
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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
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USA
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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
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USA
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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
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USA
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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
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USA
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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

In re Andrew Chapman and David J. King, No. 2009-1270 (Fed. Cir. Feb. 24, 2010)

Winston & Strawn LLP
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USA
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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
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USA
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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
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USA
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March 16 2010

While not every preference constitutes a best mode for purposes of 112, the preferred embodiment of the invention must be disclosed

In an interference proceeding, the board must interpret the copied claim in view of the originating disclosure for a written description challenge and in view of the host disclosure for a validity challenge based on prior art

Winston & Strawn LLP
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USA
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May 11 2010

The senior party provoked an interference with the junior party by copying the claims of the junior party’s patent into the senior party’s application

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