We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 32

Federal Circuit clarifies entire market value rule, hypothetical negotiation date and use of settlement agreements

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 6 2012

In LaserDynamics v. Quanta Computer, the U.S. Court of Appeals for the Federal Circuit overturned an $8.5 million lump sum jury award and remanded the case for a new trial on damages

ALJ Gildea sets procedural schedule in Inv. No. 337-TA-794

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 13 2011

On September 12, 2011, ALJ E. James Gildea set the procedural schedule in Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers, Inv. No. 337-TA-794

Limits on the use of the disclosure-dedication rule under doctrine of equivalents

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 29 2012

Addressing for the first time the issue of whether the disclosure of subject matter in a document incorporated by reference amounts to a dedication of that subject matter to the public under the Johnson & Johnston disclosure-dedication rule, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s summary judgment of non-infringement, holding that the host patent must first sufficiently inform one of ordinary skill that the incorporated document contains subject matter that is an alternative to a claim limitation before the dedication rule can be used to limit equivalents

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

ITC institutes investigation of wireless devices requested by Linex Technologies, Inc.

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 5 2011

On June 2, 2011, the International Trade Commission agreed to institute an investigation regarding Certain Wireless Communication Devices and Systems, Components Thereof, and Products Containing Same

Procedural schedule set in Inv. No. 337-TA-784

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 16 2011

On September 15, 2011, ALJ Theodore R. Essex set the procedural schedule in Inv. No. 337-TA-784, Certain Light-Emitting Diodes and Products Containing the Same, based on the parties joint proposed procedural schedule

Yet another court weighs in on FRAND rates (this time for Wi-Fi)

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2013

The U.S. District Court for the Northern District of Illinois, after a bench trial limited to the issue of determining a FRAND rate for licensing a

Cost-shifting for use of an electronic document database trumped by parties’ agreement to share costs

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 30 2011

Addressing cost-shifting awards under 28 U.S.C. 1920, the U.S. Court of Appeals for the Federal Circuit held that costs for the use of an electronic document database would have been taxable absent the parties’ cost-sharing agreement

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

Posner to AppleMotorola: no damages, no injunction, no trial

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 31 2012

Judge Posner (of the U.S. Court of Appeals for the Seventh Circuit), sitting by designation, derailed Apple’s and Motorola’s expected patent liability trial when he found that both parties provided insufficient evidence to support either damages or injunctive relief