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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

Lab notebook entries save the day for University of Pittsburgh in an inventorship contest

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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

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

ALJ Charneski sets prehearing conference date in Inv. No. 337-TA-602

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 26 2010

On August 25, ALJ Charneski issued an order setting September 8, 2010 as the date for a prehearing conference in Inv. No. 337-TA-602, Certain GPS Devices and Products Containing Same

Concurrences provide insight into Federal Circuit’s views on stays pending re-examination

  • McDermott Will & Emery
  • -
  • 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