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Results: 1-10 of 115

CBM that recites scanning receipts, encrypting the data and transmitting not patent-eligible
  • McDermott Will & Emery
  • USA
  • June 30 2015

Addressing the subject-matter eligibility of a business-method patent for scanning receipts, encrypting the data, and then transmitting it to a cloud


Conventional use of computer not enough to overcome Alice
  • McDermott Will & Emery
  • USA
  • April 30 2015

In two separate decisions involving an 101 analysis of subject-matter eligibility of business methods patents (CBMs), the U.S. Patent and Trademark


On a plain and ordinary meaning of “embedded” code in a web page
  • McDermott Will & Emery
  • USA
  • July 30 2014

Addressing a district court’s construction of the claim term “embedded” code as code “written into the HTML code of the web page” and the related


Invalidating a patent on a motion to dismiss is proper
  • McDermott Will & Emery
  • USA
  • January 29 2015

The U.S. Court of Appeals for the Federal Circuit did not find the patentee’s infringement suit to be objectively baseless, notwithstanding that the


The 25 percent rule is fundamentally flawed
  • McDermott Will & Emery
  • USA
  • January 31 2011

The U.S. Court of Appeals for the Federal Circuit held that the 25 percent rule of thumb, often used as a tool for determining a baseline royalty rate in a hypothetical negotiation, is a fundamentally flawed


Federal Circuit affirms jury verdict of invalidity based on on-sale bar and public use
  • McDermott Will & Emery
  • USA
  • June 28 2012

Affirming the district court’s judgment, the U.S. Court of Appeals for the Federal Circuit cleared Facebook of allegations of patent infringement, finding that that the patent in suit was invalid under 35 U.S.C. 102(b) because the patentee’s product which embodied the patented subject matter was on sale and in public use more than one year before the filing of the patent


Posner to AppleMotorola: no damages, no injunction, no trial
  • McDermott Will & Emery
  • USA
  • July 31 2012

Judge Posner (of the U.S. Court of Appeals for the Seventh Circuit), sitting by designation, derailed Apple’s and Motorola’s expected patent liability trial when he found that both parties provided insufficient evidence to support either damages or injunctive relief


Failure to object to improper use of the entire market value rule will constitute waiver
  • McDermott Will & Emery
  • USA
  • November 30 2010

The U.S. Court of Appeals for the Federal Circuit reversed an infringement verdict for the method claims in a “locked code” products case, but upheld both the infringement verdict on the apparatus claims and the manner in which the Georgia-Pacific reasonable royalty factors were applied to damages


Data-encryption is patent eligible despite not being tied to a particular machine
  • McDermott Will & Emery
  • USA
  • March 31 2014

Addressing an argument that a data-encryption patent was directed to non-eligible subject matter because it covered an abstract idea divorced from a


Identifying class of algorithms insufficient to satisfy means-plus-function structure requirement
  • McDermott Will & Emery
  • USA
  • July 30 2014

Addressing whether a patent specification provided adequate specificity to satisfy indefiniteness scrutiny of a means-plus-function claim, the U.S