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Supreme Court extends Mayo Collaborative Services v. Prometheus Laboratories, Inc. to computer patents
  • Winston & Strawn LLP
  • USA
  • June 23 2014

The Supreme Court held that patent claims that are directed towards abstract ideas will not be patentable under 35 U.S.C. 101 unless the claim


Regents of the University of Minnesota v. ADA Medical Corp., No. 2012-1167 (Fed. Cir. June 3, 2013).
  • Winston & Strawn LLP
  • USA
  • June 14 2013

An earlier prosecution disclaimer applies to a later application so long as the two have the same or closely related claim limitation language


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


Encyclopedia Britannica, Inc. v. Alpine Elecs. of Am., Inc., No. 2009-1544,-1545 (Fed. Cir. June 18, 2010)
  • Winston & Strawn LLP
  • USA
  • June 30 2010

In order for a patent to claim priority through a chain of patent applications, each application in the priority chain must contain a specific reference to prior applications in the chain


Dey, L.P. et al. v. Sunovion Pharm., Inc., No. 2012-1428 (Fed. Cir. May 20, 2013).
  • Winston & Strawn LLP
  • USA
  • May 30 2013

Clinical drug trials operating under standard confidentiality procedures do not constitute a third-party public use under pre-America Invents Act


U.S. Supreme Court issues two unanimous decisions heightening the requirements for patent definiteness and induced patent infringement
  • Winston & Strawn LLP
  • USA
  • June 4 2014

In two unanimous decisions issued on Monday, the Supreme Court reversed the Federal Circuit's prevailing tests for determining when a patent is


The Ohio Willow Wood Co. v. Alps South, LLC, Nos. 2012-1642, 2013-1024 (Fed. Cir. Nov. 15, 2013)
  • Winston & Strawn LLP
  • USA
  • November 20 2013

In an equitable conduct assertion, an argument of lack of corroboration of testimony for invalidation of a patent is evaluated for materiality under


Nazomi Communications, Inc. v. Nokia Corporation, et al., No. 2013-1165 (Fed. Cir. January 10, 2014).
  • Winston & Strawn LLP
  • USA
  • January 23 2014

An apparatus claim, drafted in functional terms, directed to a computer is infringed if the accused product is designed in such a way to utilize the


Danisco US Inc. v. Novozymes AS., No. 2013-1214 (Fed. Cir. March 11, 2014).
  • Winston & Strawn LLP
  • USA
  • March 19 2014

An alleged infringer may bring a declaratory judgment action even if no litigation is pending or threatened when a "substantial risk" of litigation


U.S. Supreme Court holds that individual damages issues may preclude class certification
  • Winston & Strawn LLP
  • USA
  • April 1 2013

For years now, some courts have been willing to allow class actions to proceed in the face of individualized damages issues, on the theory that those