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Results: 1-10 of 175

Court determines RAND rate for standard-essential patents

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

The U.S. District Court for the Western District of Washington became the first U.S. court to set fair, reasonable and non-discriminatory (FRAND or

Federal Circuit reverses Commission finding in Lucky Litter LLC v. ITC

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 6 2010

The Federal Circuit reversed the Commission’s determination of violation under section 337 and vacated the corresponding exclusion orders and cease-and-desist orders today in its opinion Lucky Litter LLC v. ITC

International Trade Commission offers guidance on satisfaction of domestic industry requirement

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 1 2011

The International Trade Commission has developed a new 10-factor test to determine whether activities tied to licensing a patent portfolio can satisfy Section 337’s domestic industry requirement

Federal Circuit affirms structural obviousness analysis

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2012

The U.S. Court of Appeals for the Federal Circuit, in addressing the standard for establishing when a chemical compound is obvious based on prior art compounds, reiterated its two-part framework earlier established in Takeda Chemical Industries, Ltd. v. Alphapharm Pty., Ltd. (see IP Update, Vol. 10, No. 7

“Clear and convincing” is the standard for obviousness no matter what

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

Clarifying the standards and burdens associated with an obviousness analysis, the U.S. Court of Appeals for the Federal Circuit found that the presumption of validity and burden of proving obviousness do not change regardless of the facts of a particular case

Obviousness-type double patenting requires a reason to modify with a reasonable expectation of success

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

Addressing the issue of obviousness-type double patenting, the U.S. Court of Appeals for the Federal Circuit reaffirmed its earlier rulings that obviousness must be judged by whether the differences in subject matter between the new claim and the earlier claim are patentably distinct

Commission issues final determination on remedy and bond in Inv. No. 337-TA-567

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 18 2011

On July 15, the Commission issued its final determination finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders in Inv. No. 337-TA-567, Certain Foam Footwear

ALJ Essex denies motion to consolidate 784 and 785 investigations and sets target date

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 23 2011

Administrative Law Judge Essex denied a motion to consolidate investigations filed by Respondents LG Electronics, Inc., LG Innotek Co., LG Electronics U.S.A., Inc., and LG Innotek U.S.A., Inc

Commission issues notice of determination not to review ID terminating investigation

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 22 2011

On September 21, the Commission issued notice of its determination not to review an initial determination terminating Inv. No. 337-TA-773, Certain Motion-Sensitive Sound Effect Devices and Image Display Devices and Components and Products Containing Same, as to Respondents Optoma Corporation and Optoma Technology, Inc. based upon a settlement agreement

New complaint filed by Rovi Corporation

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 28 2011

Rovi Corporation, Rovi Guides, Inc., United Video Properties, Inc., and Gemstar Development Corporation filed a letter on July 26, 2011, requesting that the International Trade Commission conduct an investigation under section 337 covering Certain Products Containing Interactive Program Guide and Parental Controls Technology