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Results: 1-10 of 3,856

Chief Special Trial Judge Panuthos to Step Down, Effective September 1, 2017
  • McDermott Will & Emery
  • USA
  • May 16 2017

Last week, the US Tax Court (Tax Court) announced that Chief Special Trial Judge (STJ) Peter J. Panuthos has decided to step down as Chief STJ


Beware of Relying on “Plain and Ordinary” Meaning
  • McDermott Will & Emery
  • USA
  • April 27 2017

Addressing the issue of whether jury determinations of invalidity and non-infringement were inconsistent where claim terms had more than one possible


When can a design patent continuation applications claim priority to a parent?
  • McDermott Will & Emery
  • USA
  • April 30 2013

Addressing the issue of when and under what circumstances a design patent application can receive the benefit of the written description of its parent


Executive Order Regarding Contraceptive Mandate Directed toward Religious Employers
  • McDermott Will & Emery
  • USA
  • May 11 2017

Late last week, President Donald Trump signed an executive order directing federal agencies to look into exempting religious employers from the


Texas Supreme Court Weighs In on Tied House
  • McDermott Will & Emery
  • USA
  • May 8 2017

Late last month, the Texas Supreme Court issued a ruling in Cadena Comercial USA Corp. dba OXXO v. Texas Alcoholic Beverage Commission, finding in


Copyright statute of limitation trigged on actual or constructive notice
  • McDermott Will & Emery
  • USA
  • May 29 2014

Addressing the issue of accrual of a claim for copyright infringement, the U.S. Court of Appeals for the Second Circuit upheld the lower court��s


Without Volitional Conduct, Establishing Direct Copyright Infringement Gets Hairy
  • McDermott Will & Emery
  • USA
  • April 27 2017

The US Court of Appeals for the Fifth Circuit affirmed the district court’s grant of summary judgment, holding that “volitional conduct” is required


Heads Up! That’s Patentable Subject Matter
  • McDermott Will & Emery
  • USA
  • April 27 2017

In addressing the first step of the Supreme Court of the United States’ 101 framework in Alice (IP Update, Vol. 17, No. 7) evaluating whether the


Practicing the prior art is not a defense
  • McDermott Will & Emery
  • USA
  • October 31 2011

The U.S. Court of Appeals for the Federal Circuit again confirmed its precedent holding that an accused infringer cannot succeed merely by comparing the allegedly infringing activity to the prior art in an attempt to prove that the activity is either non-infringing or that the patent is invalid as anticipated, a strategy known as the “practicing the prior art” defense


To Teach Away, Prior Art Must Criticize, Discredit or Discourage the Invention
  • McDermott Will & Emery
  • USA
  • April 27 2017

Addressing issues of obviousness in the context of an asserted teaching away, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial