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U.S. Supreme Court holds that individual damages issues may preclude class certification

Winston & Strawn LLP
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USA
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April 1 2013

For years now, some courts have been willing to allow class actions to proceed in the face of individualized damages issues, on the theory that those

U.S. Supreme Court holds that plaintiffs may not circumvent CAFA’s clear purpose by creative pleading

Winston & Strawn LLP
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USA
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March 21 2013

Earlier this week, the U.S. Supreme Court issued a significant decision that signals that the Class Action Fairness Act ("CAFA") should be given its

Accent Packaging, Inc. v. Leggett & Platt, Inc

Winston & Strawn LLP
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USA
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February 15 2013

A claim construction must not exclude the preferred embodiments, the possibility of altering an accused device to meet claim limitations does not

Arkema Inc., et. Al., v. Honeywell International, Inc.

Winston & Strawn LLP
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USA
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February 15 2013

An alleged infringer may bring a declaratory judgment where the patentee's conduct puts it in the position of pursuing arguably illegal conduct or

Allflex USA, Inc. v. Avid Identification Sys., Inc., No. 2011-1621 (Fed. Cir. Jan. 17, 2013)

Winston & Strawn LLP
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USA
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January 24 2013

An appeal is moot if the parties settle all of their claims and make a portion of the settlement payment contingent upon the outcome of the appeal

Intel Corp. v. Negotiated Data Solution, Inc. et. Al., no. 2011-1448 (Fed. Cir. Dec. 17, 2012).

Winston & Strawn LLP
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USA
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December 26 2012

A broad patent license, without language to the contrary, extends to reissue patents that are granted after the term of the license agreement. The

Presido Components, Inc. v. American Technical Ceramics Corp., No. 2010-1355, 2011-1089 (Fed. Cir. Dec. 19, 2012)

Winston & Strawn LLP
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USA
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December 26 2012

A finding of no competition for the purpose of irreparable harm conflicts with a clear finding of competition for the purpose of awarding damages

Raylon, LLC v. Complus Data Innovations, Inc., et al., Nos. 11-1355, -1356, -1357, -1358, -1359 (Fed. Cir. Dec. 7, 2012)

Winston & Strawn LLP
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USA
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December 20 2012

A patentee's proposed claim construction was found to be objectively baseless as a matter of law, justifying Rule 11 sanctions and potentially a fee award

OSRAM SYLVANIA, Inc. v. American Induction Techs., Inc., No. 2012-1091 (Fed. Cir. Dec. 13, 2012)

Winston & Strawn LLP
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USA
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December 20 2012

A grant of summary judgment, holding that patent claims were invalid as anticipated and obvious over prior art, was overturned because the existence of

Pregis Corp. v. Kapos, No. 2010-1492, 1532 (Fed. Cir. Dec. 6, 2012)

Winston & Strawn LLP
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USA
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December 14 2012

A potential infringer cannot sue the Patent Trademark Office under the Administrative Procedure Act to attack the validity of an issued patent

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