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Top US Universities Hit with Retirement Plan Lawsuits: Lessons for Plan Sponsors
  • McDermott Will & Emery
  • USA
  • September 8 2016

The recent wave of 403(b) lawsuits against more than a dozen prominent US universities could herald similar suits for other 403(b) plan sponsors


Altera Corporation Files Answering Brief in Commissioner’s Ninth Circuit Appeal of Altera
  • McDermott Will & Emery
  • USA
  • September 19 2016

In Altera Corp. v. Commissioner, 145 T.C. No. 3 (July 27, 2015), the Tax Court, in a unanimous reviewed opinion, held that regulations under Section


Fifth Circuit Holds FCA Amendment Does Not Expand Retaliation Liability beyond Employers
  • McDermott Will & Emery
  • USA
  • September 19 2016

The Fifth Circuit Court of Appeals recently affirmed a district court’s dismissal of a retaliation claim under the False Claims Act (FCA) as to


When Applying Alice, Evaluate the Invention as a Whole
  • McDermott Will & Emery
  • USA
  • August 5 2016

Addressing for the first time eligibility issues under 35 USC 101 for a method of preserving organ cells, the US Court of Appeals for the


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


Incomplete Preemption Does Not Result in Patent-Eligible Subject Matter
  • McDermott Will & Emery
  • USA
  • September 28 2016

In a Final Written Decision of a Covered Business Method (CBM) patent review, the Patent Trial and Appeal Board (PTAB or Board) found the challenged


First Application of Supreme Court’s Halo Willfulness Framework
  • McDermott Will & Emery
  • USA
  • August 5 2016

In its first post-Halo decision on willful infringement, the US Court of Appeals for the Federal Circuit unanimously affirmed the district court's


Teachings incorporated by reference for anticipation purposes need not be individually named
  • McDermott Will & Emery
  • USA
  • September 28 2009

Finding that material not explicitly contained in the single, prior art document may still be considered for purposes of anticipation if incorporated by reference into the document, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a district court’s summary judgment that patents were not invalid for anticipation


Specific, Discrete Implementation of Abstract Idea Is Patent Eligible
  • McDermott Will & Emery
  • USA
  • August 5 2016

Once again addressing patent eligibility of software patent claims, the US Court of Appeals for the Federal Circuit this time reversed a finding of


Indefiniteness of Means-Plus-Function Claims
  • McDermott Will & Emery
  • USA
  • August 5 2016

Addressing both the circumstances that lead to a claim limitation invoking a means-plus-function construction and indefiniteness issues for