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Ninth Circuit Joins Octane Fitness Trend for Trademark Cases
  • McDermott Will & Emery
  • USA
  • November 29 2016

In 2014, the Supreme Court of the United States issued its ruling in Octane Fitness (IP Update, Vol. 17, No. 5), in which it examined the fee-shifting


The top five intellectual property traps in M&A transactions
  • McDermott Will & Emery
  • USA
  • August 31 2010

In M&A transactions, many lawyers assume that intellectual property (IP) rights will automatically transfer with the purchase and that IP issues can be cured by general representations and warranties


License to “make” includes an inherent right to “have made”
  • McDermott Will & Emery
  • USA
  • June 30 2009

The U.S. Court of Appeals for the Federal Circuit recently held that a license to make a patented article includes an inherent right to have a third party make the article absent express language to the contrary


Twenty-one day safe harbor applies to Rule 11- no matter what
  • McDermott Will & Emery
  • USA
  • August 31 2009

The U.S. Court of Appeals for the Federal Circuit confirmed that the service and filing of a motion for sanctions under Rule 11 must occur prior to final judgment or judicial rejection of the offending motion in order to prevail


Teachings incorporated by reference for anticipation purposes need not be individually named
  • McDermott Will & Emery
  • USA
  • September 28 2009

Finding that material not explicitly contained in the single, prior art document may still be considered for purposes of anticipation if incorporated by reference into the document, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a district court’s summary judgment that patents were not invalid for anticipation


Transactional test upheld in res judicata analysis
  • McDermott Will & Emery
  • USA
  • March 31 2009

The U.S. Court of Appeals for the Fifth Circuit recently affirmed the U.S. District Court for the Eastern District of Louisiana’s holding that a plaintiff’s false advertising claims were barred by res judicata because they arose from the same series of transactions as a prior action that was dismissed with prejudice


A dismissal for lack of standing should generally be without prejudice
  • McDermott Will & Emery
  • USA
  • July 27 2009

Addressing yet another standing dispute, the U.S. Court of Appeals for the Federal Circuit overturned a dismissal for lack of standing with prejudice, noting the general rule that a dismissal on that basis should ordinarily be without prejudice


Parent company denied recovery for lost profits of subsidiary
  • McDermott Will & Emery
  • USA
  • June 30 2008

The U.S. Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment in the damages phase of 18-year-old litigation, denying recovery for lost profits


Two-way test for obviousness type double patenting narrowly applied
  • McDermott Will & Emery
  • USA
  • June 30 2009

The U.S. Court of Appeals for the Federal Circuit determined that the two-way test for obviousness-type double patenting is applicable when the claims could have been presented in an earlier application in the family


“Thin” copyright for arrangement and coordination of common architectural elements won't cut it
  • McDermott Will & Emery
  • USA
  • January 30 2009

Addressing for issue of similarity of copyrighted architectural plans, the U.S. Court of Appeals for the Eleventh Circuit held that no reasonable observer could find that two plans in dispute were substantially similar