Search results
Order by most recent / most popular / relevance
Results: 1-10 of 63
The most important factor in determining whether an exclusive license transfers sufficient rights to render the licensee the owner of the patent is the nature and scope of the licensor’s retained right to sue accused infringers
- Winston & Strawn LLP
- -
- USA
- -
- May 18 2010
The patents-in-suit disclosed and claimed cochlear implants and related technologies used to improve hearing
Therasense, Inc v Becton, Dickinson and Co
- Winston & Strawn LLP
- -
- USA
- -
- February 2 2010
An applicant’s earlier statements about prior art, especially one’s own prior art, are material to the PTO when those statements directly contradict the applicant’s position regarding that prior art in the PTO
Lincoln National Life Insurance Company v. Transamerica Life Insurance Company, No. 2009-1403, -1491 (Fed. Cir. June 23, 2010)
- Winston & Strawn LLP
- -
- USA
- -
- June 30 2010
A method claim is directly infringed only if each step of the claimed method is performed
Crocs, Inc. v. International Trade Commission et al., No. 2008-1596 (Fed. Cir. Feb. 24, 2010)
- Winston & Strawn LLP
- -
- USA
- -
- March 2 2010
For determining whether infringement and the existence of a domestic industry are satisfied in a 337 action regarding design patents, courts must apply the ordinary observer test instead of relying on a detailed verbal description of the claimed design
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
Malpractice claims against patent attorneys necessarily rely on federal law because the fiduciary duties owed by patent counsel are governed by federal statutes and the manual of patent examination procedure
- Winston & Strawn LLP
- -
- USA
- -
- June 2 2010
The initial controversy before the district court concerned fifteen claims made by the plaintiff-inventorunder a combination of federal and state lawagainst his former patent counsel and employer, alleging the improper listing of a co-inventor on the patent application and improper legal representation of that individual due to the conflicting interests of the plaintiff
MBO Labs., Inc. v. Becton, Dickinson & Co
- Winston & Strawn LLP
- -
- USA
- -
- April 23 2010
A patentee may violate the rule against recapture by claiming subject matter in a reissue patent that the patentee surrendered while prosecuting a related patent application
The doctrine of res judicata does not punish a plaintiff for exercising the option not to supplement its pleadings with an after-acquired claim, including those relating to inventorship
- Winston & Strawn LLP
- -
- USA
- -
- April 27 2010
In 2004, Triple Tee initiated its first lawsuit against Nike claiming that Nike had misappropriated Triple Tee’s trade secrets involving golf club technology
Therasense, Inc v Becton, Dickinson and Co
- Winston & Strawn LLP
- -
- USA
- -
- February 2 2010
To anticipate, a prior art reference must disclose, either expressly or inherently, all of the elements of the claim arranged or combined in the same way as recited in the claim
Delaware Valley Floral Group, Inc. et al. v. Shaw Rose Nets, LLC et al., no. 2009-1357 (Fed. Cir. Mar. 11, 2010).
- Winston & Strawn LLP
- -
- USA
- -
- March 24 2010
For the purposes of determining whether a genuine issue of material fact exists for summary judgment, a court should disregard affidavits that are directly contradicted by deposition testimony or that are made without personal knowledge in order to create a genuine issue of material fact
Current Search
- Jurisdiction - USA
- Workarea - Intellectual Property
- Firm Name - Winston & Strawn LLP
- Author - Michael L. Brody