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No Approval for Generic Product for Treatment of Rosacea
  • McDermott Will & Emery
  • USA
  • June 28 2016

Addressing infringement under the doctrine of equivalents and obviousness issues, the US Court of Appeals for the Federal Circuit affirmed the


Violation of ITC Consent Order Can Be Based on “Infringement” of Invalid Claims
  • McDermott Will & Emery
  • USA
  • December 23 2015

Reviewing the International Trade Commission’s (ITC or Commission) finding of a violation of a consent order, a divided panel of the U.S. Court of


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


Target date set in Inv. no. 337-TA-808
  • McDermott Will & Emery
  • USA
  • October 5 2011

ALJ E. James Gildea issued an Initial Determination on October 4, 2011 that, among other things, sets the target date for Certain Electronic Devices with Communication Capabilities, Components Thereof, and Related Software, 337-TA-808


Federal Circuit panel rejects ITC assertion of authority over intangible articles
  • McDermott Will & Emery
  • USA
  • November 30 2015

Reviewing an interpretation by the U.S. International Trade Commission (ITC or Commission) of its enabling statute ( 337 of the Tariff Act) for the


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


International Trade Commission addresses use of standard-essential patents in Section 337 investigations
  • McDermott Will & Emery
  • USA
  • July 31 2013

The International Trade Commission (ITC) addressed for the first time the issue of whether infringement of a patent that has previously been declared


Federal Circuit rejects writ of mandamus concerning waiver of argument
  • McDermott Will & Emery
  • USA
  • August 8 2014

In a brief order, the U.S. Court of Appeals for the Federal Circuit denied a writ of mandamus filed by Nokia Corporation seeking to compel the U.S


Federal Circuit reverses ITC violation of its own rules
  • McDermott Will & Emery
  • USA
  • August 8 2014

The U.S. Court of Appeals for the Federal Circuit reversed a ruling by the International Trade Commission (ITC, the Commission), finding that, under


U.S.-centered negotiations for product made and sold outside United States do not constitute sale or offer for sale in United States
  • McDermott Will & Emery
  • USA
  • November 26 2014

In a case exploring the limits of what constitutes a sale or offer for sale “within the United States” under 35 U.S.C. 271(a), the U.S. Court of