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Results: 1-10 of 139

Sciele Pharma Inc. v. Lupin Ltd., No. 2012-1228 (Fed. Cir. July 2, 2012)
  • Winston & Strawn LLP
  • USA
  • July 26 2012

Defendants’ burden of proof for invalidity is not raised because a reference was previously before the PTO; statements made during prosecution to rebut enablement rejections under Section 112 may be used as proof of motivation to combine references under Section 103


Douglas Dynamics, LLC v. Buyers Product Company, 2011-1291, 2012-1046, -1057, -1087, -1088 (Fed. Cir. May 21, 2013).
  • Winston & Strawn LLP
  • USA
  • May 30 2013

Patentee's profit in the face of infringement does not prevent permanent injunction; "25 rule of thumb" and profit-margin ceilings for royalties


Intel Corp. v. Negotiated Data Solution, Inc. et. Al., no. 2011-1448 (Fed. Cir. Dec. 17, 2012).
  • Winston & Strawn LLP
  • USA
  • December 26 2012

A broad patent license, without language to the contrary, extends to reissue patents that are granted after the term of the license agreement. The


CLS Bank Int’l v. Alice Corp. Pty Ltd., No. 2011-1301 (Fed. Cir. July 9, 2012)
  • Winston & Strawn LLP
  • USA
  • July 24 2012

Method and system claims covering a computerized trading platform for exchanging financial obligations through a third party intermediary satisfy statutory requirements for patent-eligible subject matter because, considering all limitations, it is not manifestly evident that the claims are directed to a patent ineligible abstract idea


Arkema Inc., et. Al., v. Honeywell International, Inc.
  • Winston & Strawn LLP
  • USA
  • February 15 2013

An alleged infringer may bring a declaratory judgment where the patentee's conduct puts it in the position of pursuing arguably illegal conduct or


Fort Props., Inc. v. Am. Master Lease LLC, no. 2009-1242 (Fed Cir. Feb. 27, 2012)
  • Winston & Strawn LLP
  • USA
  • March 7 2012

An abstract idea cannot become a patentable process by virtue of incidental connections to the physical world or the addition of a computer limitation that does not play a significant role in the performance of the claimed method


Dey, L.P. et al. v. Sunovion Pharm., Inc., No. 2012-1428 (Fed. Cir. May 20, 2013).
  • Winston & Strawn LLP
  • USA
  • May 30 2013

Clinical drug trials operating under standard confidentiality procedures do not constitute a third-party public use under pre-America Invents Act


Forrester Envtl. Servs., Inc., v. Wheelabator Techs., Inc., No. 2012-1686 (Fed. Cir. May 16, 2013).
  • Winston & Strawn LLP
  • USA
  • May 24 2013

State law tortious interference and trade secret misappropriation claims did not raise a "substantial question of federal patent law" authorizing


Motiva, LLC v. Int’l Trade Comm’n, No. 2012-1252 (Fed. Cir. May 13, 2013).
  • Winston & Strawn LLP
  • USA
  • May 24 2013

In an ITC proceeding, previous litigation of a patent by the complainant does not constitute a substantial investment in licensing to satisfy the


Ateliers de la Haute-Garone v. Broetje Automation USA Inc., et al., No. 2012-1-38-1077 (Fed. Cir. May 21, 2013).
  • Winston & Strawn LLP
  • France
  • June 14 2013

To establish a failure to set forth the best mode of carrying out the invention under 35 U.S.C. 112, 1, it must be shown that the