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2017 Intellectual Property Law Year In Review
  • McDermott Will & Emery
  • USA
  • January 31 2017

In a year where politics dominated the headlines, intellectual property law still captured a share of the nation's spotlight. 2016 brought big


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


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


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


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


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


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


Adidas wins US case against two and four stripe
  • McDermott Will & Emery
  • USA
  • September 10 2008

Less than a month after the European Court of Justice (ECJ) ruling in Adidas v Marca Mode 2008 C-10207, Adidas has won a U.S.$305 million payout in the United States from Collective Brands in a lawsuit seven years in the making


Combination of two embodiments in a single reference renders claims obvious
  • McDermott Will & Emery
  • USA
  • February 26 2009

Affirming the district court’s claim construction but holding that the court erred as a matter of law in failing to hold the patent obvious, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s denial of judgment as a matter of law (JMOL


Clear and unmistakable disavowal of claim scope required for prosecution history estoppel
  • McDermott Will & Emery
  • USA
  • December 28 2007

Overturning a district court’s finding of prosecution history estoppel, the U.S. Court of Appeals for the Federal Circuit held that an allegedly disclaiming statement made during prosecution was not a “clear and unmistakable” disclaimer to one skilled in the art