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Results: 1-10 of 139

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


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


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


Regents of the University of Minnesota v. ADA Medical Corp., No. 2012-1167 (Fed. Cir. June 3, 2013).
  • Winston & Strawn LLP
  • USA
  • June 14 2013

An earlier prosecution disclaimer applies to a later application so long as the two have the same or closely related claim limitation language


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


Accent Packaging, Inc. v. Leggett & Platt, Inc
  • Winston & Strawn LLP
  • USA
  • February 15 2013

A claim construction must not exclude the preferred embodiments, the possibility of altering an accused device to meet claim limitations does not


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


WiAV Solutions LLC v. Motorola, Inc., No. 2010-1266 (Fed. Cir. Dec. 22, 2010).
  • Winston & Strawn LLP
  • USA
  • December 28 2010

An exclusive licensee with legal injury and the right to exclude the alleged infringer has constitutional standing to sue for infringement even though third parties have rights to sublicense the patent for other activities


Ilor, LLC v. Google, Inc., 2010-1117, 1172 (Fed. Cir. Jan. 11, 2011)
  • Winston & Strawn LLP
  • USA
  • January 18 2011

Absent misconduct during patent prosecution or litigation, “exceptional case” sanctions may be imposed under 35 U.S.C. 285 against a patent plaintiff only if it is shown by clear and convincing evidence both that: (1) the litigation was brought in subjective bad faith, and (2) the litigation including key assertions of claim interpretation objectively was baseless