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Results: 1-10 of 119

Activities for sNDA and citizen’s petition protected by “safe harbor”
  • McDermott Will & Emery
  • USA
  • June 30 2015

In a case addressing the “safe harbor” provision of 35 U.S.C. 271(e)(1), the U.S. Court of Appeals for the Federal Circuit affirmed the district


Divided commission upholds ALJ’s default sanction and attorney fee award against respondent and its law firm
  • McDermott Will & Emery
  • USA
  • May 28 2015

The U.S. International Trade Commission (ITC) upheld an administrative law judge’s (ALJ’s) ruling finding a respondent in default based on spoliation


Quantify versus quality determines domestic industry
  • McDermott Will & Emery
  • USA
  • May 28 2015

The U.S. Court of Appeals for the Federal Circuit reversed a finding by the U.S. International Trade Commission (ITC) of a violation of 337


ID on infringement and public interest in remand of interdigital investigation
  • McDermott Will & Emery
  • USA
  • May 28 2015

In a long-running investigation brought by InterDigital concerning Nokia mobile phones, the Administrative Law Judge (ALJ) on the remand hearing from


Use of “antithesis” of claim element does not bar application of doctrine of equivalents
  • McDermott Will & Emery
  • USA
  • April 30 2015

In a Hatch-Waxman case, the U.S. Court of Appeals for the Federal Circuit found that the use of a claimed step, characterized as the “antithesis” of


U.S.-centered negotiations for product made and sold outside United States do not constitute sale or offer for sale in United States
  • McDermott Will & Emery
  • USA
  • November 26 2014

In a case exploring the limits of what constitutes a sale or offer for sale “within the United States” under 35 U.S.C. 271(a), the U.S. Court of


Federal Circuit upholds ITC’s authority to enforce consent order covering third-party products
  • McDermott Will & Emery
  • USA
  • October 29 2014

The U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in part a decision of the International Trade Commission (ITC, the


Federal Circuit rejects writ of mandamus concerning waiver of argument
  • McDermott Will & Emery
  • USA
  • August 8 2014

In a brief order, the U.S. Court of Appeals for the Federal Circuit denied a writ of mandamus filed by Nokia Corporation seeking to compel the U.S


Federal Circuit reverses ITC violation of its own rules
  • McDermott Will & Emery
  • USA
  • August 8 2014

The U.S. Court of Appeals for the Federal Circuit reversed a ruling by the International Trade Commission (ITC, the Commission), finding that, under


Actions under 337 based on inducement require the existence of direct infringement prior to importation
  • McDermott Will & Emery
  • USA
  • December 31 2013

In a case of first impression, a divided panel of the U.S. Court of Appeals for the Federal Circuit panel ruled that an exclusion order based on a