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Fifth Circuit flushes away pro se plaintiff’s claims against oil giants for intellectual property theft and infringement of a “giant plunger"

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2013

Addressing allegations by a pro se plaintiff that oil industry giants stole and infringed her various intellectual property rights related to a “giant

Intellectual property in the next technology revolution: how does the United States stack up?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 13 2013

The world is transitioning from a computer revolution to a technology revolution driven by nanotechnology and molecular manufacturing. Politicians

For a product to be “derived from” another, it must copy novel aspects of the original product

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

Evaluating claims of a breach of a non-disclosure agreement, the U.S. Court of Appeals for the First Circuit reversed a district court’s issuance of an injunction as to certain products, finding that violation of a non-disclosure agreement required appropriation of a novel aspect of the underlying technology

Chuck Yeager’s right of publicity suit will no longer fly in the Ninth Circuit

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

Addressing several claims stemming out of an allegedly unauthorized publication of signed memorabilia on a website, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment ruling in favor of the defendants with respect to numerous claims, finding Chuck Yeager’s submitted declaration to be a sham

A public icon: Marilyn Monroe estate loses appeal for publicity rights

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

Addressing the issue of judicial estoppel, the U.S. Court of Appeals for the Ninth Circuit affirmed that Marilyn Monroe’s estate is estopped from asserting the late actress’ rights of publicity under California law, finding that 40 years of judicial proceedings supported the late actress being domiciled in New York at the time of her death, a state which does not recognize posthumous publicity rights

No independent analysisno preliminary injunction

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

Addressing the issue of whether a preliminary injunction should be stayed pending appeal if the district court neglected to consider all defenses raised, the U.S. Court of Appeals for the Federal Circuit (in a non-precedential order) instead vacated the preliminary injunction because in granting it, the district court failed to adequately address the defendant’s obviousness arguments

Commission issues notice not to review ID extending the target date

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 22 2011

On September 21, the Commission issued notice of its determination not to review an initial determination extending the target date in Inv. No. 337-TA-721, Certain Portable Electronic Devices, and Related Software

ALJ orders eight respondents to show cause to avoid default in Inv. no. 337-TA-780

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 12 2011

ALJ Theodore R. Essex issued an order on September 9, 2011 directing certain Respondents to show cause why they should not be found in default by the close of business on September 23, 2011, in Certain Protective Cases and Components Thereof, Inv. No. 337-TA-780

Motorola identifies Microsoft products accused of infringement

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 24 2011

In response to Order No. 11 in Inv. No. 337-TA-752, Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (“753 Investigation), Motorola filed a statement identifying the products it is accusing of infringement in the 752 Investigation

Intellectual Ventures Management LLC files complaint

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 14 2011

Intellectual Ventures Management LLC, Invention Investment Fund I L.P., Invention Investment Fund II LLC, Intellectual Ventures I LLC and Intellectual Ventures II LLC, filed a letter with Secretary Holbein requesting that the Commission conduct an investigation under Section 337 of the Tariff Act of 1930, as amended regarding Certain Dynamic Random Acces Memory and NAND Flash Memory Devices and Products Containing Same