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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


Empowering customers to sell an exonerated accused product
  • McDermott Will & Emery
  • USA
  • July 29 2015

In a decision that expands a customer’s right to defend itself under the Kessler doctrine, the Federal Circuit clarified that a customer is not


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


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


Defense of laches in patent cases to be reviewed en banc
  • McDermott Will & Emery
  • USA
  • January 29 2015

The U.S. Court of Appeals for the Federal Circuit has order for en banc review of the defense of latches in patent cases in order to evaluate the


Patent assignment recorded at USPTO creates a rebuttable presumption of a valid assignment
  • McDermott Will & Emery
  • USA
  • April 28 2010

Addressing the burdens of proof associated with a standing challenge based on the validity of an assignment, the U.S. Court of Appeals for the Federal Circuit upheld the U.S. International Trade Commission’s (USITC’s) determination that the recordation of a patent assignment at the U.S. Patent and Trademark Office (USPTO) created a rebuttable presumption of a valid assignment which shifted the burden to rebut that presumption to the party challenging standing


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


A champagne toast to reversal of laches decision
  • McDermott Will & Emery
  • USA
  • August 31 2009

The U.S. Court of Appeals for the Eighth Circuit recently overturned a district court’s dismissal of a trademark infringement suit on the basis of laches, holding that the district court abused its discretion by failing to conduct “a meaningful analysis” of key factors relevant to a laches defense in trademark infringement cases


For a product to be “derived from” another, it must copy novel aspects of the original product
  • McDermott Will & Emery
  • USA
  • October 31 2012

Evaluating claims of a breach of a non-disclosure agreement, the U.S. Court of Appeals for the First Circuit reversed a district court’s issuance of an injunction as to certain products, finding that violation of a non-disclosure agreement required appropriation of a novel aspect of the underlying technology