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Wordtech Systems, Inc. v. Integrated Networks Solutions, Inc., No. 2009-1454 (Fed. Cir. June 16, 2010).
  • Winston & Strawn LLP
  • USA
  • June 22 2010

Running-royalty agreements can be relevant to lump-sum damages, but "some basis for comparison must exist in the evidence presented to the jury."


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



Trading Technologies, Int’l, Inc. v. eSpeed, Inc., 2008-1392, -1393, -1422 (Fed. Cir. Feb. 25, 2010)
  • Winston & Strawn LLP
  • USA
  • March 2 2010

For the "all elements" rule of the doctrine of equivalents, claim vitiation applies when there is a clear, substantial difference or a difference in kind, as opposed to a subtle difference in degree


In re Andrew Chapman and David J. King, No. 2009-1270 (Fed. Cir. Feb. 24, 2010)
  • Winston & Strawn LLP
  • USA
  • March 2 2010

An obviousness determination may be called into question if the Board of Patent Appeals and Interferences did not appreciate the full scope of a cited prior art reference


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


Maker’s Mark dripping red wax trademark infringed by Cuervo high-end tequila
  • Winston & Strawn LLP
  • USA
  • April 7 2010

The red dripping wax seal on Maker's Mark bourbon bottles is a strong trademark and was infringed by Jose Cuervo International when it applied a similar red wax seal to its 100th anniversary product, Reserva de la Familia, a high-end tequila


Hearing Components, Inc. v. Shure, Inc
  • Winston & Strawn LLP
  • USA
  • April 6 2010

Not all terms of degree are indefinite; a means-plus-function claim is infringed when the accused device includes a relevant structure that performs the same function in a substantially similar way, resulting in structural equivalency


Pressure Products Medical Supplies, Inc. v. Greatbatch Ltd
  • Winston & Strawn LLP
  • USA
  • April 6 2010

In the construction of a means-plus-function claim element under 35 USC 112, 6, the concept of incorporation by reference is insufficient to include a structure in a prior art reference as a corresponding structure


Power-One, Inc., v. Artesyn Technologies, Inc.,
  • Winston & Strawn LLP
  • USA
  • April 6 2010

The fact that a claim is defined using a relative term (eg "near") instead of a precise numerical measurement does not render the claim incapable of providing meaningful guidance if the claim language, taken in context of the entire patent, provides a sufficiently reasonable meaning to one skilled in the art