We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 166

Supreme Court on evaluation of claims to computer-implemented inventions under 35 U.S.C. 101
  • McDermott Will & Emery
  • USA
  • June 23 2014

On June 19, 2014, the Supreme Court of the United States issued its much anticipated decision in Alice Corporation Pty. Ltd. v. CLS Bank


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


Yet another court weighs in on FRAND rates (this time for Wi-Fi)
  • McDermott Will & Emery
  • USA
  • October 31 2013

The U.S. District Court for the Northern District of Illinois, after a bench trial limited to the issue of determining a FRAND rate for licensing a


Evolving Post-Alice Law on Patent Eligibility
  • McDermott Will & Emery
  • USA
  • November 29 2016

In two recent cases addressing patent eligibility of software patent claims, the US Court of Appeals for the Federal Circuit found the challenged


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


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


Injunction and civil contempt remedy vacated after PTO cancels claim in reexamination
  • McDermott Will & Emery
  • USA
  • August 8 2014

Addressing whether an injunction and civil contempt were proper after the sole claim on which the injunction was based was cancelled, the U.S. Court


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


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


Petitioner wins uncontested Alice fight
  • McDermott Will & Emery
  • USA
  • September 30 2015

In a decision to institute post-grant review, the Patent Trial and Appeal Board (PTAB or Board) clarified the importance of corroboration to