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Results: 1-10 of 146

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


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


Standing requires articulation of jurisdictional facts
  • McDermott Will & Emery
  • USA
  • December 30 2014

Addressing a petition for a covered business method (CBM) patent review, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or


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


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


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


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


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


Infringement of a computerized method must demonstrate use of a computer
  • McDermott Will & Emery
  • USA
  • July 7 2010

In a decision that issued shortly before the Supreme Court decision in In re Bilski, the U.S. Court of Appeals for the Federal Circuit found that a patent directed to “computerized method” was not infringed where at least one step was not performed by a computer


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