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Results: 1-10 of 178

Federal Circuit ruling clears way for approval of generic version of Fentora

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 29 2013

Addressing allegations of patent infringement by a generic version of Fentora, the U.S. Court of Appeals for the Federal Circuit reversed in

Wrongful injunction raises presumption of recovery of bond

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

In a case of first impression, the U.S. Court of Appeals for the Second Circuit ruled that wrongfully enjoined parties are entitled to a presumption in favor of recovery against an injunction bond for provable damages

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

New complaint filed by Furuno names Honeywell and Skyforce as proposed respondents

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 4 2011

The ITC received a new complaint on September 30, 2011 filed on behalf of Furuno Electric Co. Ltd. and Furuno USA Inc

Motion for presumption of infringement denied in Gemcitabine investigation

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

ALJ Rogers denied a Motion for Presumption of Infringement Under 35 U.S.C. 295 filed by Eli Lilly & Company (“Lilly”) in Inv. No. 337-TA-766, Certain Gemcitabine and Products Containing the Same

ALJ Rogers issues final ID finding no infringement in bulk welding wire investigation

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 1 2010

On August 31, 2010, ALJ Rogers issued a lengthy Final Initial Determination in Inv. No. 337-TA-686, Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire, finding that respondents ESAB AB of Sweden and Sidergas SpA of Italy do not infringe complainants Lincoln Electric Company and Lincoln Global, Inc.’s U.S. Pat. No. 6,708,864

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

International Trade Commission addresses use of standard-essential patents in Section 337 investigations

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

The International Trade Commission (ITC) addressed for the first time the issue of whether infringement of a patent that has previously been declared

U.S. International Trade Commission addresses use of standard-essential patents in Section 337 investigations

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 8 2013

The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing