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Patent exhaustion rejected: patented seed purchaser has no right to make copies

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 16 2013

The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer's replanting of harvested seeds constituted making new infringing

En banc Federal Circuit issues five opinions in CLS Bank International v. Alice Corporation

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 15 2013

The long-awaited decision held that method, computer-readable medium and system claims for technology related to "the management of risk relating to

A first for FRAND: federal court in Microsoft v. Motorola sets FRAND royalty rates for standard essential patents

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 8 2013

Microsoft v. Motorola developed a framework for courts to assess fair, reasonable and non-discriminatory (FRAND) terms for standard-essential patents

Western District of Washington sets FRAND royalty rates and range for SEPs

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 2 2013

Last week in Microsoft v. Motorola, the U.S. District Court Western District of Washington became the first U.S. court to set fair, reasonable, and

New claim construction guts nearly $600 million dollar infringement award

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

Presenting divergent opinions about whether a patentee has demonstrated a "clear and unambiguous disavowal" of claim scope through prosecution

Obviousness-type double patenting may exist when there is neither common ownership nor common inventorship

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

Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit upheld a decision by the U.S. Patent and

No discovery permitted in inter partes reexamination proceedings

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

Addressing for the first time whether 35 U.S.C. 24 empowered a district court to issue a subpoena in an inter partes reexamination proceeding

To correct inventorship of a patent, go to the PTO, not the federal courts

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

Faced with the question of whether a federal district court should change the inventors listed on the face of a patent, the Federal Circuit found

Patent marking: an extrajudicial admission that the product is covered by the patent but not an estoppel

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

Addressing for the first time whether marking a product with a patent number creates an estoppel preventing a later assertion that the product is not

Infringement damages limited to U.S. sales and must not be speculative

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

In a decision addressing several damages-related issues, the U.S. Court of Appeals for the Federal Circuit held that a patentee's damages award

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