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Results: 1-10 of 6,003

Tax Case Sparks Shareholder Derivative Suit
  • McDermott Will & Emery
  • USA
  • July 28 2016

A company never litigates in a vacuum: statements in pleadings or court papers and testimony by company officials can be used against the company in


View From McDermott: Fifth Circuit Focuses on Process in ESOP Valuations
  • McDermott Will & Emery
  • USA
  • July 28 2016

Though the Supreme Court’s 2014 unanimous ruling in Fifth Third Bank v. Dudenhoeffer announced the Employee Retirement Income Security Act (ERISA


Indirect Patent Infringement Can Be Based on Willful Blindness and Circumstantial Evidence
  • McDermott Will & Emery
  • USA
  • July 26 2016

In a case remanded by the Supreme Court of the United States "for further consideration in light of Commil" (IP Update, Vol. 18, No. 6), the US Court


Prior Art References Introduced After IPR Institution Are Permissible to Show State of Art
  • McDermott Will & Emery
  • USA
  • July 26 2016

Addressing issues related to introducing additional prior art references after institution of an inter partes review (IPR), the US Court of Appeals


Claim Terms with No Specialized Meaning in the Art Always Linked to Specification
  • McDermott Will & Emery
  • USA
  • July 26 2016

Emphasizing the public-notice function of a patent's specification, the US Court of Appeals for the Federal Circuit affirmed a district court's


Arm’s Length Royalty Rates Save Medtronic from $1.36 Billion Tax Deficiency
  • McDermott Will & Emery
  • USA
  • July 26 2016

Addressing whether certain intercompany technology license agreements were negotiated at arm's length, the US Tax Court rejected the Internal Revenue


Physical Combinability of References Not Necessarily Required for Obviousness
  • McDermott Will & Emery
  • USA
  • July 26 2016

Addressing issues of obviousness, the US Court of Appeals for the Federal Circuit upheld the obviousness determination of the Patent Trial and Appeal


Opportunity for Response when Claim Construction Changes
  • McDermott Will & Emery
  • USA
  • July 26 2016

Addressing claim construction and procedural issues during an inter partes review (IPR), the US Court of Appeals for the Federal Circuit vacated a


The Whole Claim Is More Inventive Than the Sum of Its Generic Parts
  • McDermott Will & Emery
  • USA
  • July 26 2016

Addressing the issue of subject matter eligibility, the US Court of Appeals for the Federal Circuit reversed the district court's finding that the


IPR Institution Decisions Not Appealable, Broadest Reasonable Interpretation Remains Standard
  • McDermott Will & Emery
  • USA
  • July 26 2016

The Supreme Court of the United States (Justice Breyer writing for the majority) affirmed a US Court of Appeals for the Federal Circuit decision