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Results: 1-10 of 513

Counsel may confer with a witness between cross-examination and re-cross, but the witness might be re-crossed on the substance of such a discussion

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

In an order regarding allowable communications between counsel and witness, the Patent Trial and Appeal Board (PTAB) held that counsel may confer

The top five intellectual property traps in M&A transactions

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2010

In M&A transactions, many lawyers assume that intellectual property (IP) rights will automatically transfer with the purchase and that IP issues can be cured by general representations and warranties

Hatch-Waxman does not provide statutory basis to require amendment of FDA use code

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2010

The U.S. Court of Appeals for the Federal Circuit recently reversed and vacated a decision from the U.S. District Court for the Eastern District of Michigan granting summary judgment and ordering a mandatory injunction requiring a pioneer drug manufacturer to amend its “use code” with the U.S. Food and Drug Administration (FDA

A dismissal for lack of standing should generally be without prejudice

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 27 2009

Addressing yet another standing dispute, the U.S. Court of Appeals for the Federal Circuit overturned a dismissal for lack of standing with prejudice, noting the general rule that a dismissal on that basis should ordinarily be without prejudice

Use “rule of reason” to determine sufficiency of corroborating evidence

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 30 2007

Addressing the issue of the sufficiency of evidence that corroborates a witness’s testimony concerning invalidating activities, the U.S. Court of Appeals for the Federal Circuit held that evidence is analyzed under the “rule of reason” test, which involves an assessment of the totality of the circumstances including an evaluation of all pertinent evidence

Government bullet-proof from copyright claim by prison inmates

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 30 2009

In one of the first decisions of 2009, the U.S. Court of Appeals for the Federal Circuit affirmed a ruling of the U.S. Court of Federal Claims that a federal prisoner could not sue the U.S. government for copyright infringement

When is a design around a mere “colorable variation”? An injunction order ambiguous? (Stay tuned)

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2010

Heralding a busy en banc season for Judge Rader’s first year as chief judge, the U.S. Court of Appeals for the Federal Circuit has issued its second en banc order in less than a month, this time vacating its panel decision in TiVo v. EchoStar, and taking up Judge Rader’s dissent on the issue of when a contempt holding, as applied to a design-around by an enjoined party, is appropriate

Patent assignment recorded at USPTO creates a rebuttable presumption of a valid assignment

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 28 2010

Addressing the burdens of proof associated with a standing challenge based on the validity of an assignment, the U.S. Court of Appeals for the Federal Circuit upheld the U.S. International Trade Commission’s (USITC’s) determination that the recordation of a patent assignment at the U.S. Patent and Trademark Office (USPTO) created a rebuttable presumption of a valid assignment which shifted the burden to rebut that presumption to the party challenging standing

Plastic breakable turkey wishbone meets minimal creativity required for originality

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2010

In an appeal of what the plaintiff creator called a “classic case of David and Goliath,” a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirmed that the plaintiff’s copyright in the design of a plastic breakable turkey wishbone was valid, as it met the minimal amount of creativity required to constitute an “original” work of authorship

Case dismissed: non-infringement found solely on complaint

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2010

In deciding a Rule 12(b)(6) motion to dismiss, the U.S. Court of Appeals for the Second Circuit upheld the dismissal of a copyright infringement claim decided on substantive grounds, concluding that the protectable elements of a plaintiffs’ designs were not substantially similar to the defendants’ designs