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Results: 1-10 of 166

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


Federal Circuit clarifies entire market value rule, hypothetical negotiation date and use of settlement agreements
  • McDermott Will & Emery
  • USA
  • September 6 2012

In LaserDynamics v. Quanta Computer, the U.S. Court of Appeals for the Federal Circuit overturned an $8.5 million lump sum jury award and remanded the case for a new trial on damages


Limits on the use of the disclosure-dedication rule under doctrine of equivalents
  • McDermott Will & Emery
  • USA
  • November 29 2012

Addressing for the first time the issue of whether the disclosure of subject matter in a document incorporated by reference amounts to a dedication of that subject matter to the public under the Johnson & Johnston disclosure-dedication rule, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s summary judgment of non-infringement, holding that the host patent must first sufficiently inform one of ordinary skill that the incorporated document contains subject matter that is an alternative to a claim limitation before the dedication rule can be used to limit equivalents


Adding Pre-Existing Technology Won’t Save a Patent-Ineligible Claim
  • McDermott Will & Emery
  • USA
  • January 3 2017

In the recent FairWarning and Synopsys cases (IP Update, Vol. 19, No. 11), the US Court of Appeals for the Federal Circuit found the challenged


Indirect Infringement Not Overcome by Objective Strength of Non-Infringement Case
  • McDermott Will & Emery
  • USA
  • August 5 2016

Addressing indirect infringement and claim construction issues, the US Court of Appeals for the Federal Circuit reversed the district court on three


Incomplete Preemption Does Not Result in Patent-Eligible Subject Matter
  • McDermott Will & Emery
  • USA
  • September 28 2016

In a Final Written Decision of a Covered Business Method (CBM) patent review, the Patent Trial and Appeal Board (PTAB or Board) found the challenged


Pre-Issuance Damages Possible Only If You “Know” About the Published Application
  • McDermott Will & Emery
  • USA
  • March 30 2016

Addressing for the first time the notice requirement for pre-issuance damages under 35 USC 154(d), the US Court of Appeals for the Federal Circuit


The law of software subject-matter eligibility remains unsettled
  • McDermott Will & Emery
  • USA
  • October 31 2013

Revisiting the issue of patent subject-matter eligibility in software patents, the U.S. Court of Appeals for the Federal Circuit affirmed a lower


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


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