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Results: 1-10 of 87

Novo Nordisk AS v Caraco Pharm. Labs., Ltd
  • Winston & Strawn LLP
  • USA
  • April 23 2010

The Hatch-Waxman Act only authorizes a counterclaim to correct or delete a patent number or expiration date listed in the FDA Orange Book; an ANDA defendant does not have standing to challenge any other listed information, including the use code description


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


The broadest reasonable construction of claim terms must be consistent with the specification and the claim language as read in light of the specification
  • Winston & Strawn LLP
  • USA
  • April 27 2010

The patent claimed a floor finishing material for athletic surfaces and other floors “comprising” certain elements


MBO Labs., Inc. v. Becton, Dickinson & Co
  • Winston & Strawn LLP
  • USA
  • April 23 2010

A patentee may violate the rule against recapture by claiming subject matter in a reissue patent that the patentee surrendered while prosecuting a related patent application



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


The doctrine of res judicata does not punish a plaintiff for exercising the option not to supplement its pleadings with an after-acquired claim, including those relating to inventorship
  • Winston & Strawn LLP
  • USA
  • April 27 2010

In 2004, Triple Tee initiated its first lawsuit against Nike claiming that Nike had misappropriated Triple Tee’s trade secrets involving golf club technology


Anascape, Ltd. v. Nintendo of America, Inc
  • Winston & Strawn LLP
  • USA
  • April 23 2010

Entitlement to the benefit of an earlier-filed application date requires that the missing descriptive matter must be present in the original application’s specification such that one skilled in the art would recognize such a disclosure


The appearance in the complaint of an alternative, non-patent theory with respect to each claim compels the conclusion that the claims do not "arise under" patent law
  • Winston & Strawn LLP
  • USA
  • April 27 2010

The parties had settled a previous patent infringement dispute by entering into a license agreement