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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
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
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
Federal Circuit affirms jury verdict of invalidity based on on-sale bar and public use
- McDermott Will & Emery
- -
- USA
- -
- June 28 2012
Affirming the district court’s judgment, the U.S. Court of Appeals for the Federal Circuit cleared Facebook of allegations of patent infringement, finding that that the patent in suit was invalid under 35 U.S.C. 102(b) because the patentee’s product which embodied the patented subject matter was on sale and in public use more than one year before the filing of the patent
Appeal against exclusion from patentability of software to protect minors online allowed
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 12 2012
In relation to the application by Protecting Kids the World Over (PKTWO) 2011 EWHC 2720 (Pat), the High Court of England and Wales has allowed an appeal against a decision of a Hearing Officer that found that an alarm notification system for monitoring inappropriate electronic communications fell within the computer program exclusion
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
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
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
Inv. No. 337-TA-773 terminated as to respondents Optoma Corporation and Optoma Technology, Inc.
- McDermott Will & Emery
- -
- USA
- -
- September 7 2011
On September 6, 2011, ALJ E. James Gildea issued an initial determination that granted a joint motion to terminate Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing the Same, as to Respondents Optoma Corporation and Optoma Technology, Inc. (collectively “Optoma”
Target date set in Certain Universal Serial Bus ("USB") Portable Storage Devices, Including USB Flash Drives and Components Thereof
- McDermott Will & Emery
- -
- USA
- -
- September 2 2011
On September 1, 2011, ALJ Essex issued an order setting November 19, 2012 as the target date in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives and Components Thereof, Inv. No. 337-TA-788
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- Workarea - Information Technology
- Firm Name - McDermott Will & Emery
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