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 6,572

Exceptional Case Rulings Establish Deference to District Court’s Manifest
  • McDermott Will & Emery
  • USA
  • April 27 2017

Addressing the issue of whether a particular case was “exceptional” because Plaintiff’s inventorship challenge failed in part because of admissions


Prejudgment Interest Can Recover for Acts Prior to Patent Issuance
  • McDermott Will & Emery
  • USA
  • April 27 2017

The US Court of Appeals for the Federal Circuit found that the defendant failed to sufficiently allege any prejudice caused by alleged errors relating


Without Volitional Conduct, Establishing Direct Copyright Infringement Gets Hairy
  • McDermott Will & Emery
  • USA
  • April 27 2017

The US Court of Appeals for the Fifth Circuit affirmed the district court’s grant of summary judgment, holding that “volitional conduct” is required


Willfulness Can Be Predicated on Brief Between Declaratory Judgment Filing and Counterclaim
  • McDermott Will & Emery
  • USA
  • April 27 2017

In a complex 42-page decision, the US Court of Appeals for the Federal Circuit addressed issues of assignor estoppel, claim indefiniteness, subject


Bar for CBM Review Inching Higher
  • McDermott Will & Emery
  • USA
  • April 27 2017

Addressing the standard for initiating a Covered Business Method (CBM) review, the Patent Trial and Appeal Board (PTAB) declined to institute CBM


Heads Up! That’s Patentable Subject Matter
  • McDermott Will & Emery
  • USA
  • April 27 2017

In addressing the first step of the Supreme Court of the United States’ 101 framework in Alice (IP Update, Vol. 17, No. 7) evaluating whether the


Throwing Out One Baby, but Not Two, with the Bathwater
  • McDermott Will & Emery
  • USA
  • April 27 2017

Addressing the impact of patent prosecution arguments on claim construction, the US Court of Appeals for the Federal Circuit vacated the district


No Equitable Defense of Laches in Patent Law
  • McDermott Will & Emery
  • USA
  • April 27 2017

In a 7-1 decision, the Supreme Court of the United States held that the equitable defense of laches is no longer a valid defense to patent damages


Foreign-State-Sponsored Espionage Not Actionable Under FISA Where Intent to Spy Occurs Abroad
  • McDermott Will & Emery
  • USA
  • April 27 2017

In concluding that the Foreign Sovereign Immunities Act (FISA) exception for non-commercial torts does not abrogate sovereign immunity where the


Beware of Relying on “Plain and Ordinary” Meaning
  • McDermott Will & Emery
  • USA
  • April 27 2017

Addressing the issue of whether jury determinations of invalidity and non-infringement were inconsistent where claim terms had more than one possible