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Results: 1-10 of 129

Therasense, Inc v Becton, Dickinson and Co
  • Winston & Strawn LLP
  • USA
  • February 2 2010

An applicant’s earlier statements about prior art, especially one’s own prior art, are material to the PTO when those statements directly contradict the applicant’s position regarding that prior art in the PTO


The standard to evaluate the sufficiency of incorporation by reference language in the patent specification is whether the identity of the incorporated reference is clear to a reasonable examiner in light of the documents presented
  • Winston & Strawn LLP
  • USA
  • April 27 2010

A patent applicant involved in a patent interference proceeding appealed a finding by the Board of Patent Appeals and Interferences (“Board”) that the claims of its present ‘880 application were unpatentable for lack of written description


Lincoln National Life Insurance Company v. Transamerica Life Insurance Company, No. 2009-1403, -1491 (Fed. Cir. June 23, 2010)
  • Winston & Strawn LLP
  • USA
  • June 30 2010

A method claim is directly infringed only if each step of the claimed method is performed


Content solutions, such as sports trading cards, are significantly limited by theme and physical confines, meaning that the finite number of available solutions are predictable
  • Winston & Strawn LLP
  • USA
  • March 9 2010

On summary judgment, a district court found invalid as obvious two patents covering pieces of sports memorabilia items attached to trading cards


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


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


The fact that a patentee used equivocal language when communicating with an accused infringer will not prevent a court from applying equitable estoppel
  • Winston & Strawn LLP
  • USA
  • June 2 2010

The district court granted the accused infringer’s motion for dismissal on equitable estoppel grounds based on the patentee’s three years of silence after contacting the accused infringer concerning infringement


REMAX International wins trademark infringement suit
  • Winston & Strawn LLP
  • USA
  • October 13 2009

REMAX International, Inc. brought a trademark infringement suit against Trend Setter Realty, LLC, (“Trend Setter”) for use of “red-over-white-over-blue horizontal bar design” in connection with real estate services


Dillinger references in video game do not violate Indiana right of publicity
  • Winston & Strawn LLP
  • USA
  • September 28 2011

A District Court in Indiana recently granted a summary judgment motion in a case against Electronic Arts, a popular video game manufacturer


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