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Results: 1-10 of 87

A courts inherent power to award attorney's fees should be reserved for cases in which the conduct of the party or an attorney is egregious and no other basis for sanctions exists
  • Winston & Strawn LLP
  • USA
  • May 5 2010

Following a jurys finding of infringement, the district court granted defendants' motion for judgment as a matter of law (“JMOL”) on non-infringement and granted defendants' petition seeking attorneys fees and expenses


Koninklijke Philips Electronics N.V. v. Cardiac Science Operating Co.
  • Winston & Strawn LLP
  • USA
  • January 13 2010

When a party challenges written description support in an interference proceeding, the originating disclosure should be used for claim construction; whereas when a claim's validity is challenged in an interference proceeding, the claim must be interpreted in light of the specification in which it appears


Wyeth v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010)
  • Winston & Strawn LLP
  • USA
  • January 19 2010

Under 35 U.S.C. 154(b), a patentee is entitled to patent term adjustments that combine the period of delay caused by the failure of the PTO in meeting certain examination deadlines, and by the period of delay caused by the PTO's failure to issue a patent within three years after the actual filing date


Resqnet.com, Inc. v. Lansa, Inc
  • Winston & Strawn LLP
  • USA
  • February 10 2010

District courts performing reasonable royalty calculations must exercise vigilance when considering past licenses to technologies other than the patent in suit


The context in which a term is used in the asserted claim can be highly instructive
  • Winston & Strawn LLP
  • USA
  • January 27 2010

The patentee sued the accused infringer on a patent related to automatically calling an elevator and taking a passenger to a specific location based on passenger specific information


Licenses do not necessarily run concurrently with agreements: later-formed subsidiaries of a licensee are included within the original vesting of rights if so provided by the agreement
  • Winston & Strawn LLP
  • USA
  • November 10 2009

In a cross-license agreement, each party granted two licenses to the other party and its subsidiaries


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


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

To anticipate, a prior art reference must disclose, either expressly or inherently, all of the elements of the claim arranged or combined in the same way as recited in the claim


SEB, S.A. v. Montgomery Ward & Co. Inc
  • Winston & Strawn LLP
  • USA
  • February 10 2010

Without fully defining the territorial limits of infringement, no fundamental error occurred in finding products shipped to the United States and intended for the United States market as infringing


In determining patent term extensions under 35 U.S.C. 156, the statutory term “active ingredient” means the product, not the active moiety of the product, that is present in the approved drug
  • Winston & Strawn LLP
  • USA
  • May 18 2010

The patentee owned a patent to a chemical compound MAL hydrochloride (“MAL”), which was patented and received FDA approval to treat precancerous cell growths on the skin