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Results: 1-10 of 185

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


Obviousness-type double patenting requires a reason to modify with a reasonable expectation of success
  • McDermott Will & Emery
  • USA
  • October 31 2012

Addressing the issue of obviousness-type double patenting, the U.S. Court of Appeals for the Federal Circuit reaffirmed its earlier rulings that obviousness must be judged by whether the differences in subject matter between the new claim and the earlier claim are patentably distinct


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


Wrongful injunction raises presumption of recovery of bond
  • McDermott Will & Emery
  • USA
  • June 30 2011

In a case of first impression, the U.S. Court of Appeals for the Second Circuit ruled that wrongfully enjoined parties are entitled to a presumption in favor of recovery against an injunction bond for provable damages


Freescale Semiconductor files new complaint
  • McDermott Will & Emery
  • USA
  • December 5 2011

On November 30, 2011 Freescale Semiconductor filed a complaint at the International Trade Commission alleging a violation of Section 337 based on the importation, sale before importation, or sale after importation of U.S. Patent No. 5,467,455


Generics challenge to Crestor patent fails
  • McDermott Will & Emery
  • USA
  • January 31 2013

In a case involving multiple defendants seeking to sell generic versions of the drug rosuvastatin calcium, currently marketed as Crestor, the U


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


Federal Circuit ruling clears way for approval of generic version of Fentora
  • McDermott Will & Emery
  • USA
  • March 29 2013

Addressing allegations of patent infringement by a generic version of Fentora, the U.S. Court of Appeals for the Federal Circuit reversed in


Commission decides to review the final initial determination in Inv. No. 337-TA-724
  • McDermott Will & Emery
  • USA
  • September 6 2011

On September 2, 2011, the U.S. International Trade Commission issued a notice that it will review a final initial determination (“ID”) made in Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software


Federal Circuit rejects use of eBay factors in determining propriety of ITC exclusion order
  • McDermott Will & Emery
  • USA
  • January 31 2011

The U.S. Court of Appeals for the Federal Circuit upheld a determination of the International Trade Commission (ITC) that it was not required to apply the four-factor eBay test when determining if an exclusion order is justified