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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

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

ALJ Charneski denies Nokia's third motion to show cause in Inv. No. 337-TA-701

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 26 2010

In Inv. No. 337-TA-701, Certain Electronic Products, Including Mobile Phones, Portable Music Players, and Computers, ALJ Charneski issued an order denying complainants Nokia Corp. and Nokia Inc.'s motion seeking an order requiring respondent Apple, Inc. to show cause why it should not be sanctioned for failing to comply with orders relating to Apple's production of source code files and other documentation relating to Nokia's infringement claims of U.S. Patent No. 6,073,036

Generics challenge to Crestor patent fails

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

In a case involving multiple defendants seeking to sell generic versions of the drug rosuvastatin calcium, currently marketed as Crestor, the U

Commission issues notice of determination to review ID in 337-TA-703

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 25 2010

On July 22, the Commission issued notice of its decision to review an initial determination on claim construction issued by Chief ALJ Luckern in Inv. No. 337-TA-703, Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof

ITC institutes Inv. No. 827, Certain Portable Communication Devices

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 13 2012

On January 13, 2012 the ITC voted to institute an investigation of certain portable communication devices

ITC issues general exclusion order based on respondents’ “willful blindness” and potential to evade order

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

The International Trade Commission reversed an administrative law judge’s finding of no induced infringement and issued a general exclusion order, in Inv

Federal Circuit panel affirms finding of no domestic industry based on ongoing litigation

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 27 2013

The Federal Circuit recently upheld the decision of the U.S. International Trade Commission that Motiva, LLC had failed to satisfy the domestic

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