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Results: 1-10 of 2,956

Court revives “fraudulent inducement” FCA case despite relators’ failure to link false statement to government payment
  • McDermott Will & Emery
  • USA
  • May 7 2015

The United States Court of Appeals for the Eighth Circuit overturned a district court’s grant of summary judgment in favor of a for-profit college in


Seventh Circuit denies rehearing in LCD price-fixing suit by Motorola
  • McDermott Will & Emery
  • USA
  • January 20 2015

On January 12, the Seventh Circuit Court of Appeals refused Motorola Mobility LLC’s petition for a rehearing en banc of its price-fixing claims


Patent claim construction now subject to hybrid review
  • McDermott Will & Emery
  • USA
  • January 22 2015

In a 72 decision penned by Justice Breyer, the Supreme Court of the United States overturned the de novo standard as the sole standard of review of


Seventh Circuit broadly interprets “referral” under AKS
  • McDermott Will & Emery
  • USA
  • February 24 2015

On February 10, 2015, the United States Court of Appeals for the Seventh Circuit broadly interpreted the term “referral” in the Anti-Kickback Statute


Claims can be amended in IPR really!
  • McDermott Will & Emery
  • USA
  • February 25 2015

In just the second instance since America Invents Act (AIA) post-grant reviews became available, the Patent Trial and Appeal Board (PTAB or Board


Tangible claim elements failed to save abstract business-method patent
  • McDermott Will & Emery
  • USA
  • February 25 2015

Further clarifying its views on subject-matter eligibility, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board


Collateral estoppel in claim construction
  • McDermott Will & Emery
  • USA
  • December 30 2014

Addressing the issue of collateral estoppel as it relates to an earlier claim construction, the U.S. Court of Appeals for the Federal Circuit


Nothin’ from nothin’ leaves nothin’
  • McDermott Will & Emery
  • USA
  • December 30 2014

The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s $1.32 million judgment in favor of a medical device maker, ruling that


Person of skill in art depends on claim scope
  • McDermott Will & Emery
  • USA
  • December 30 2014

The Patent Trial and Appeal Board (PTAB or Board) has explained that arguing a high-level of skill in a narrow art, even in cases involving complex


Genus claims require disclosure of “representative species encompassing the breadth of the genus”
  • McDermott Will & Emery
  • USA
  • August 8 2014

Finding that a patent specification did not disclose a representative number of antibody species within the claimed genus, the U.S. Court of Appeals