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Results: 1-10 of 113

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


Commission grants consent motion to terminate Inv. No. 337-TA-685
  • McDermott Will & Emery
  • USA
  • July 8 2011

On July 7, 2011, the Commission granted a consent motion filed by complainant, Samsung Electronics Co. (“Samsung”) in Inv. No. 337-TA-685, Certain Flash Memory and Products Containing Same, to terminate the investigation in its entirety on the basis of settlement


First application of Alice Corp. decision to covered business method patent review
  • McDermott Will & Emery
  • USA
  • August 8 2014

In determining whether a Covered Business Method (CBM) patent review should be instituted, the Patent Trial and Appeal Board (Board) referred to the


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


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


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


Foreign marketing materials relevant to domestic infringement
  • McDermott Will & Emery
  • USA
  • October 1 2014

In an appeal of a lower court’s summary judgment of no infringement of four patents, the U.S. Court of Appeals for the Federal Circuit reversed the


Indemnity agreement does not equate to a “real party in interest” to create time-bar for inter partes review
  • McDermott Will & Emery
  • USA
  • July 30 2014

The Patent Trial and Appeal Board (PTAB, the Board) has concluded that an inter partes review of a patent is not time-barred if a petition was filed


First patents survive inter partes review fully intact
  • McDermott Will & Emery
  • USA
  • May 29 2014

In the past several months, decisions have been rendered in the first wave of inter partes reviews filed under the American Invents Act (AIA). The


An accused device is “modified” by the installation of software
  • McDermott Will & Emery
  • USA
  • February 5 2014

Revisiting the wording of claims that recite a combination of hardware and software, the U.S. Court of Appeals for the Federal Circuit upheld a