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Results: 1-10 of 136

Ateliers de la Haute-Garone v. Broetje Automation USA Inc., et al., No. 2012-1-38-1077 (Fed. Cir. May 21, 2013).
  • Winston & Strawn LLP
  • France
  • June 14 2013

To establish a failure to set forth the best mode of carrying out the invention under 35 U.S.C. 112, 1, it must be shown that the


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


Douglas Dynamics, LLC v. Buyers Product Company, 2011-1291, 2012-1046, -1057, -1087, -1088 (Fed. Cir. May 21, 2013).
  • Winston & Strawn LLP
  • USA
  • May 30 2013

Patentee's profit in the face of infringement does not prevent permanent injunction; "25 rule of thumb" and profit-margin ceilings for royalties


A district court may correct patent claims that contain a drafting error if, from the point of view of one skilled in the art, the construction of the term to be corrected is not subject to reasonable debate
  • Winston & Strawn LLP
  • USA
  • August 31 2011

The district court granted the accused infringers’ motion for summary judgment of invalidity, holding the claim at issue indefinite under 35 U.S.C. 112 2


Claim construction was incorrect because it did not fully differentiate between the singular and plural use of a claim term
  • Winston & Strawn LLP
  • USA
  • August 31 2011

The defendant appealed a final judgment based on a jury verdict that its semiconductor wafer inspection machine infringed two claims of the plaintiff’s patent


The waiver of sovereign immunity set forth in 5 U.S.C 702 applies to a request for declaratory judgment against the United States on a cause of action arising under the Patent Act
  • Winston & Strawn LLP
  • USA
  • August 31 2011

Plaintiffs Delano Farms et al brought a declaratory judgment action against the California Table Grape Commission (Commission) seeking to invalidate or render unenforceable three patents on grape varietals


OSRAM SYLVANIA, Inc. v. American Induction Techs., Inc., No. 2012-1091 (Fed. Cir. Dec. 13, 2012)
  • Winston & Strawn LLP
  • USA
  • December 20 2012

A grant of summary judgment, holding that patent claims were invalid as anticipated and obvious over prior art, was overturned because the existence of


Retractable Technologies, Inc. v. Becton, Dickinson, and Company, No. 2010-1402 (Fed. Cir. July 8, 2011)
  • Winston & Strawn LLP
  • USA
  • July 13 2011

Evidence of narrow patent claim scope in specification outweighs claim differentiation arguments in claim construction


In re Ricoh Company, Ltd. patent litigation, no. 2011-1199 (Fed. Cir. Nov. 23, 2011)
  • Winston & Strawn LLP
  • USA
  • November 30 2011

The costs of producing documents electronically can be recovered by the prevailing party, absent a prior agreement to share the costs of such production


Powell v. Home Depot U.S.A., Inc
  • Winston & Strawn LLP
  • USA
  • November 23 2011

A patentee’s failure to inform the PTO that the circumstances supporting his Petition to Make Special no longer exist is not material to patentability and thus is not inequitable conduct under the new materiality standards established in Therasense