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Results: 1-10 of 646

Supreme Court to Consider (1) PTAB AIA Claim Construction and Reviewability of Institution Decisions and (2) Attorney Fee Awards in Copyright Cases
  • McDermott Will & Emery
  • USA
  • January 29 2016

The U. S. Supreme Court granted certiorari to review a panel decision of the U.S. Court of Appeals for the Federal Circuit’s decision that the U.S


Trademark owner’s ability to stop repackaging of authentic goods remains limited
  • McDermott Will & Emery
  • USA
  • February 29 2008

Addressing the reach of the Supreme Court’s landmark Coty decision, the Fifth Circuit upheld a grant of summary judgment to defendants who repackaged plaintiff’s products with a disclaimer, holding that there was no issue of material fact and that the packages “cannot cause confusion.”


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


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


Top 10 intellectual property and regulatory legal issues for biotech start-ups
  • McDermott Will & Emery
  • USA
  • September 18 2008

Start-up biotech companies should address these key legal issues with the aid of legal counsel


Claiming computer readable media
  • McDermott Will & Emery
  • USA
  • February 28 2010

Refining its previous guidance regarding patent eligible subject matter, the U.S. Patent and Trademark Office (USPTO) issued a formal suggestion to applicants pursuing applications directed to computer readable media


Hold on to your jeansdistrict court oppositions not limited to issues presented to TTAB
  • McDermott Will & Emery
  • USA
  • May 31 2008

The U.S. Court of Appeals for the D.C. Circuit has now ruled that a trademark opposition under 21(b) of the Lanham Act need not be limited to the issues presented before the Trademark Trial and Appeal Board (TTAB


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


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


Separation of enforcement from ownership leaves no leg to stand on
  • McDermott Will & Emery
  • USA
  • October 30 2007

In a case involving a bankruptcy reorganization in which a trustee in bankruptcy was given the right to pursue claims of misappropriation or infringement (but not ownership of the bankrupt’s intellectual property), the U.S. Court of Appeals for the Federal Circuit reversed the district court finding that the no trustee had standing to bring suit