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Infringement of a computerized method must demonstrate use of a computer
- McDermott Will & Emery
- -
- USA
- -
- July 7 2010
In a decision that issued shortly before the Supreme Court decision in In re Bilski, the U.S. Court of Appeals for the Federal Circuit found that a patent directed to “computerized method” was not infringed where at least one step was not performed by a computer
Federal Circuit issues opinion in Pass & Seymour v. ITC
- McDermott Will & Emery
- -
- USA
- -
- August 30 2010
On August 27, 2010 the Court of Appeals for the Federal Circuit affirmed the holding of the International Trade Commission in Inv. No. 337-TA-615, that certain accused products produced by Respondents General Protecht Group, Wenzhou Trimone Science and Technology Electric Co. Ltd. and Shanghai ELE Manufacturing Corporation do not infringe the asserted U.S. Patent Nos. 5,594,398 and 7,212,386, held by Complainant Pass & Seymour, Inc
New investigation 337-TA-726 instituted, assigned to Chief ALJ Luckern
- McDermott Will & Emery
- -
- USA
- -
- July 11 2010
On July 8, 2010, the Commission issued a notice instituting a section 337 investigation entitled Certain Electronic Imaging Devices, Inv. No. 337-TA-726, based on a complaint filed June 16, 2010
Failure to object to improper use of the entire market value rule will constitute waiver
- McDermott Will & Emery
- -
- USA
- -
- November 30 2010
The U.S. Court of Appeals for the Federal Circuit reversed an infringement verdict for the method claims in a “locked code” products case, but upheld both the infringement verdict on the apparatus claims and the manner in which the Georgia-Pacific reasonable royalty factors were applied to damages
Supreme Court affirms clear and convincing standard of patent invalidity proof
- McDermott Will & Emery
- -
- USA
- -
- June 30 2011
Delivering what is likely the final blow to its battle against a $240 million infringement judgment, the Supreme Court of the United States unanimously rejected Microsoft’s plea to modify the clear and convincing evidence standard of proof required to invalidate a patent
The 25 percent rule is fundamentally flawed
- McDermott Will & Emery
- -
- USA
- -
- January 31 2011
The U.S. Court of Appeals for the Federal Circuit held that the 25 percent rule of thumb, often used as a tool for determining a baseline royalty rate in a hypothetical negotiation, is a fundamentally flawed
ALJ Luckern sets procedural schedule in Inv. No. 337-TA-774
- McDermott Will & Emery
- -
- USA
- -
- July 20 2011
On July 18, 2011, ALJ Luckern set a procedural schedule based on a proposed schedule jointly submitted by the parties in Certain Electronic Devices Having A Digital Television Receiver and Components Thereof, 337-TA-774
ALJ Rogers issues final initial determination in Inv. No. 337-TA-723
- McDermott Will & Emery
- -
- USA
- -
- August 5 2011
ALJ Rogers issued his Initial Determination in Inv. No. 337-TA-723, Certain Inkjet Ink Cartridges With Printheads and Components Thereof
Commission grants consent motion to terminate Inv. No. 337-TA-685
- McDermott Will & Emery
- -
- USA
- -
- July 8 2011
On July 7, 2011, the Commission granted a consent motion filed by complainant, Samsung Electronics Co. (“Samsung”) in Inv. No. 337-TA-685, Certain Flash Memory and Products Containing Same, to terminate the investigation in its entirety on the basis of settlement
The hacker who avoided a false marking claim
- McDermott Will & Emery
- -
- USA
- -
- May 28 2011
The U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s dismissal, with prejudice, of a false marking complaint, finding that the complaint failed to properly allege an “unpatented article” under 35 U.S.C. 292
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- Workarea - Litigation
- Workarea - Patents
- Workarea - Information Technology
- Firm Name - McDermott Will & Emery
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