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Lab notebook entries save the day for University of Pittsburgh in an inventorship contest
- McDermott Will & Emery
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- USA
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- August 31 2009
The U.S. Court of Appeals for the Federal Circuit upheld a district court’s finding that based on notebook entries evidencing early appreciation of the claimed inventions by two of the named inventors that five other researchers were improperly named as inventors on a patent
Concurrences provide insight into Federal Circuit’s views on stays pending re-examination
- McDermott Will & Emery
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- USA
- -
- September 28 2009
The U.S. Court of Appeals for the Federal Circuit affirmed-in-part, reversed-in-part and vacated-in-part a district court’s judgment on three of Fresenius’s patents related to a hemodialysis machine integrated with a touch-screen user interface
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
ITC commits error in “all or substantially all” analysis
- McDermott Will & Emery
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- USA
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- July 7 2010
The U.S. Court of Appeals for the Federal Circuit vacated a remand determination by the U.S. International Trade Commission (ITC) that sales in the United States of an European-version of a harvester was not an act of unfair competition under 337, finding that the ITC incorrectly applied the “all or substantially all” test, which prohibits a trademark owner from seeking any remedy for trademark infringement unless “all or substantially all” of the goods sold by the trademark holder in the United States are an identifiable U.S. version
Federal Circuit reverses Commission finding in Lucky Litter LLC v. ITC
- McDermott Will & Emery
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- USA
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- October 6 2010
The Federal Circuit reversed the Commission’s determination of violation under section 337 and vacated the corresponding exclusion orders and cease-and-desist orders today in its opinion Lucky Litter LLC v. ITC
ALJ grants motion to terminate based on consent order in electronic paper towel dispenser investigation
- McDermott Will & Emery
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- USA
- -
- October 14 2010
On October 13, 2010, ALJ Gildea issued an Initial Determination in Inv. No. 337-TA-718, Certain Electronic Paper Towel Dispensing Devices and Components Thereof, granting a joint motion to terminate the investigation as to respondent Ko-Am Corporation Inc. dba Janitor’s World based on a consent order stipulation
Commission institutes Inv. No. 337-ta-740
- McDermott Will & Emery
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- USA
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- October 10 2010
On October 6, 2010, the Commission instituted Inv. No. 337-TA-740, Certain Toner Cartridges and Components Thereof, based on a complaint filed by Lexmark International, Inc. on August 20, 2010
Patent assignment recorded at USPTO creates a rebuttable presumption of a valid assignment
- McDermott Will & Emery
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- USA
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- 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
MIPO files unilateral motion to terminate investigation based on consent order
- McDermott Will & Emery
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- USA
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- September 21 2010
MIPO Science and Technology Co., Ltd. and MIPO Technology Limited (collectively "MIPO") filed a unilateral motion to terminate the investigation based on a consent order in Inv. No. 337-TA-723, Certain Inkjet Ink Cartridges with Printheads and Components Thereof
Rambus appeals to Federal Circuit following Commission's determination of patent invalidity
- McDermott Will & Emery
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- USA
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- August 26 2010
On August 19, 2010, complainant Rambus, Inc. filed a notice of appeal with the Federal Circuit challenging the Commission’s determination in Inv. No. 337-TA-661, Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same
Current Search
- Workarea - Litigation
- Firm Name - McDermott Will & Emery
- Author - Christina A. Ondrick