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Results: 1-10 of 138

A Note of Appreciation to USPTO Director Michelle Lee
  • Winston & Strawn LLP
  • USA
  • June 8 2017

On June 6th, the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, Michelle Lee, resigned


International Seaway Trading Corp. v. Walgreens Corp.
  • Winston & Strawn LLP
  • USA
  • December 22 2009

The ordinary observer test, rather than the point of novelty test, is applied to test anticipation for design patents


A broader independent claim cannot be nonobvious where a dependent claim stemming from that independent claim is invalid for obviousness
  • Winston & Strawn LLP
  • USA
  • March 9 2010

Following a five-day trial, the jury returned a special verdict that defendant willfully infringed claims of a patent relating to a cooling device designed to mount within the drive bay of a computer, that certain independent claims were not invalid as obvious, but that certain dependent claims were obvious


SiRF Technology, Inc. v. ITC
  • Winston & Strawn LLP
  • USA
  • April 23 2010

The International Trade Commission ("ITC") issued an exclusion and cease and desist order on importation of certain Global Positioning System ("GPS") devices and products after finding that the devices and products infringed certain patents


Boehringer Ingelheim International GmbH v Barr Laboratories, Inc
  • Winston & Strawn LLP
  • USA
  • February 2 2010

In a patent infringement suit involving claims directed to the treatment of Parkinson’s disease, the patent at issue was the third in a chain of related divisional patents


Malpractice claims against patent attorneys necessarily rely on federal law because the fiduciary duties owed by patent counsel are governed by federal statutes and the manual of patent examination procedure
  • Winston & Strawn LLP
  • USA
  • June 2 2010

The initial controversy before the district court concerned fifteen claims made by the plaintiff-inventorunder a combination of federal and state lawagainst his former patent counsel and employer, alleging the improper listing of a co-inventor on the patent application and improper legal representation of that individual due to the conflicting interests of the plaintiff


Federal courts have exclusive federal question jurisdiction over legal malpractice claims involving the prosecution of U.S. patent applications
  • Winston & Strawn LLP
  • USA
  • March 9 2010

A patent applicant filed suit against her patent prosecution attorney for negligently failing to file applications under the Patent Cooperation Treaty (which provides a unified procedure for filing a single patent application in multiple countries) and for various acts of negligence relating to the preparation and filing of U.S. patent applications


Crocs, Inc. v. International Trade Commission et al., No. 2008-1596 (Fed. Cir. Feb. 24, 2010)
  • Winston & Strawn LLP
  • USA
  • March 2 2010

For determining whether infringement and the existence of a domestic industry are satisfied in a 337 action regarding design patents, courts must apply the ordinary observer test instead of relying on a detailed verbal description of the claimed design


Michael Jordan secures victory in 7th Circuit right of publicity ruling
  • Winston & Strawn LLP
  • USA
  • March 3 2014

On February 19, 2014, the 7th Circuit held that Jewel Foods Store, Inc.'s use of Michael Jordan's name and number in a congratulatory ad that also


Whirlpool sued by artist over designs for kitchenaid mixers
  • Winston & Strawn LLP
  • USA
  • May 10 2013

Plaintiff Nicole Dinardo designs and sells hand painted KitchenAid Mixers. Whirlpool, which owns KitchenAid, allegedly approached Dinardo regarding