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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
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USA
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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

Parody prevails: Louis Vuitton v Chewy Vuiton

McDermott Will & Emery
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USA
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December 28 2007

Affirming the district court decision, the U.S. Court of Appeals for the Fourth Circuit upheld judgments that Haute Diggity Dog’s “Chewy Vuiton” products neither infringe Louis Vuitton Malletier’s (LVM) copyrights nor infringe or dilute LVM’s trademarks or trade dress

Teachings incorporated by reference for anticipation purposes need not be individually named

McDermott Will & Emery
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USA
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September 28 2009

Finding that material not explicitly contained in the single, prior art document may still be considered for purposes of anticipation if incorporated by reference into the document, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a district court’s summary judgment that patents were not invalid for anticipation

A dismissal for lack of standing should generally be without prejudice

McDermott Will & Emery
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USA
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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

Need personal jurisdiction on foreign entity? Use Rule 4(k)(2)

McDermott Will & Emery
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USA
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May 31 2010

The U.S. Court of Appeals for the Federal Circuit vacated and remanded a case to the district court to determine whether, in view of the Federal Circuit’s 2009 decision in Touchcom, Inc. v. Bereskin & Parr, jurisdiction existed over a named non-U.S. co-defendant

Unlike Inspector Clouseau, Pink Panther heirs fail to stumble on favorable theory

McDermott Will & Emery
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USA
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July 30 2008

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a decision against the heirs of the man who created the Pink Panther and granted copyright ownership to Metro-Goldwyn-Mayer Pictures Inc

Two-way test for obviousness type double patenting narrowly applied

McDermott Will & Emery
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USA
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June 30 2009

The U.S. Court of Appeals for the Federal Circuit determined that the two-way test for obviousness-type double patenting is applicable when the claims could have been presented in an earlier application in the family

Joint inventorship: no need for independent mental pictures of complete chemical compound

McDermott Will & Emery
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USA
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May 31 2010

The U.S. Court of Appeals for the Federal Circuit recently confirmed that to qualify as joint inventors under 35 U.S.C. 116, each contributor need not have an independent mental picture of the complete chemical compound claimed, but must contribute to the “joint arrival at a definite and permanent idea of the invention as it will be used in practice.”

Massachusetts attorney’s lien statute applies to patent prosecution costs

McDermott Will & Emery
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USA
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August 31 2009

The Supreme Judicial Court of Massachusetts determined, in a case of first impression, that Massachusetts’s attorney’s lien statute permits placing a lien on a patent (and any proceeds later derived from that patent) for legal fees earned while representing a client before the U.S. Patent and Trademark Office (USPTO

Convoyed sales and acceptable substitutes

McDermott Will & Emery
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USA
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February 29 2008

Addressing the issue of lost-profit damages, the U.S. Court of Appeals for the Federal Circuit upheld the functional relationship test for convoyed sales and clarified what is an acceptable substitute under Grain Processing

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Search results

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

Parody prevails: Louis Vuitton v Chewy Vuiton

Teachings incorporated by reference for anticipation purposes need not be individually named

A dismissal for lack of standing should generally be without prejudice

Need personal jurisdiction on foreign entity? Use Rule 4(k)(2)

Unlike Inspector Clouseau, Pink Panther heirs fail to stumble on favorable theory

Two-way test for obviousness type double patenting narrowly applied

Joint inventorship: no need for independent mental pictures of complete chemical compound

Massachusetts attorney’s lien statute applies to patent prosecution costs

Convoyed sales and acceptable substitutes

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