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Results: 1-10 of 258

Regents of the University of Minnesota v. ADA Medical Corp., No. 2012-1167 (Fed. Cir. June 3, 2013).
  • Winston & Strawn LLP
  • USA
  • June 14 2013

An earlier prosecution disclaimer applies to a later application so long as the two have the same or closely related claim limitation language


Lincoln National Life Insurance Company v. Transamerica Life Insurance Company, No. 2009-1403, -1491 (Fed. Cir. June 23, 2010)
  • Winston & Strawn LLP
  • USA
  • June 30 2010

A method claim is directly infringed only if each step of the claimed method is performed


The Forest Group, Inc. v. Bon Tool Company
  • Winston & Strawn LLP
  • USA
  • January 5 2010

35 U.S.C. 292 requires a penalty for falsely marking articles with a patent or patent number on a per article basis, rather than for each decision to falsely mark


Encyclopedia Britannica, Inc. v. Alpine Elecs. of Am., Inc., No. 2009-1544,-1545 (Fed. Cir. June 18, 2010)
  • Winston & Strawn LLP
  • USA
  • June 30 2010

In order for a patent to claim priority through a chain of patent applications, each application in the priority chain must contain a specific reference to prior applications in the chain


Dey, L.P. et al. v. Sunovion Pharm., Inc., No. 2012-1428 (Fed. Cir. May 20, 2013).
  • Winston & Strawn LLP
  • USA
  • May 30 2013

Clinical drug trials operating under standard confidentiality procedures do not constitute a third-party public use under pre-America Invents Act


The Ohio Willow Wood Co. v. Alps South, LLC, Nos. 2012-1642, 2013-1024 (Fed. Cir. Nov. 15, 2013)
  • Winston & Strawn LLP
  • USA
  • November 20 2013

In an equitable conduct assertion, an argument of lack of corroboration of testimony for invalidation of a patent is evaluated for materiality under


Nazomi Communications, Inc. v. Nokia Corporation, et al., No. 2013-1165 (Fed. Cir. January 10, 2014).
  • Winston & Strawn LLP
  • USA
  • January 23 2014

An apparatus claim, drafted in functional terms, directed to a computer is infringed if the accused product is designed in such a way to utilize the


Danisco US Inc. v. Novozymes AS., No. 2013-1214 (Fed. Cir. March 11, 2014).
  • Winston & Strawn LLP
  • USA
  • March 19 2014

An alleged infringer may bring a declaratory judgment action even if no litigation is pending or threatened when a "substantial risk" of litigation


Flo Healthcare Solutions, LLC v. Rioux Vision, Inc., No. 2011-1476 (Fed. Cir. Oct. 23, 2012)
  • Winston & Strawn LLP
  • USA
  • November 1 2012

Even if a claim does not include the word “means,” there is only a rebuttable presumption, and not an absolute conclusion, that 35 U.S.C. 112 6 was not intended to govern the claim; a written description limitation should not be read into a claim if it is not used in the claim


Forrester Envtl. Servs., Inc., v. Wheelabator Techs., Inc., No. 2012-1686 (Fed. Cir. May 16, 2013).
  • Winston & Strawn LLP
  • USA
  • May 24 2013

State law tortious interference and trade secret misappropriation claims did not raise a "substantial question of federal patent law" authorizing