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Results: 1-10 of 146

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


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


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


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


What constitutes a covered business method patent?
  • McDermott Will & Emery
  • USA
  • January 29 2015

The U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) provided guidance as to what constitutes a patent subject to


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


Inherency is tough to proveeven in IPR
  • McDermott Will & Emery
  • USA
  • August 8 2014

In four final written decisions in Inter Partes Review (IPR) challenges, the Patent Trial and Appeal Board (PTAB) concluded that the petitioner had


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


Stays of litigation warranted even when the CBM review does not address all asserted claims or all invalidity defenses
  • McDermott Will & Emery
  • USA
  • December 30 2014

Addressing the denial of a stay pending the covered business method (CBM) review of some, but not all, asserted claims in a district court action, the