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Results: 1-10 of 65

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


The fact that a patentee used equivocal language when communicating with an accused infringer will not prevent a court from applying equitable estoppel
  • Winston & Strawn LLP
  • USA
  • June 2 2010

The district court granted the accused infringer’s motion for dismissal on equitable estoppel grounds based on the patentee’s three years of silence after contacting the accused infringer concerning infringement



A broader independent claim cannot be nonobvious where a dependent claim stemming from that independent claim is invalid for obviousness
  • Winston & Strawn LLP
  • USA
  • March 9 2010

Following a five-day trial, the jury returned a special verdict that defendant willfully infringed claims of a patent relating to a cooling device designed to mount within the drive bay of a computer, that certain independent claims were not invalid as obvious, but that certain dependent claims were obvious



No “prudential reasons” or perceived increases in efficiency can trump the lack of a case or controversy brought about by a covenant not to sue that extinguishes all current and future claims
  • Winston & Strawn LLP
  • USA
  • June 2 2010

The alleged infringer brought a declaratory judgment action alleging invalidity and non-infringement of two patents


A patent’s preamble limits the invention only if it recites essential structure or steps, or is necessary to give life, meaning, and vitality to the claim
  • Winston & Strawn LLP
  • USA
  • June 2 2010

The patent-in-suit related to technology intended to decrease the time needed to decode digital television transmissions


Malpractice claims against patent attorneys necessarily rely on federal law because the fiduciary duties owed by patent counsel are governed by federal statutes and the manual of patent examination procedure
  • Winston & Strawn LLP
  • USA
  • June 2 2010

The initial controversy before the district court concerned fifteen claims made by the plaintiff-inventorunder a combination of federal and state lawagainst his former patent counsel and employer, alleging the improper listing of a co-inventor on the patent application and improper legal representation of that individual due to the conflicting interests of the plaintiff


Oral testimony can be used to prove the scope of a printed publication as an anticipating reference
  • Winston & Strawn LLP
  • USA
  • June 2 2010

A jury found the patent infringed and valid


A patentee’s rights are only exhausted by a sale within the United States
  • Winston & Strawn LLP
  • USA
  • June 2 2010

The patent involved single use cameras