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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


ID on infringement and public interest in remand of interdigital investigation
  • McDermott Will & Emery
  • USA
  • May 28 2015

In a long-running investigation brought by InterDigital concerning Nokia mobile phones, the Administrative Law Judge (ALJ) on the remand hearing from


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


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


U.S. International Trade Commission addresses use of standard-essential patents in Section 337 investigations
  • McDermott Will & Emery
  • USA
  • July 8 2013

The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing


Federal Circuit affirms structural obviousness analysis
  • McDermott Will & Emery
  • USA
  • May 30 2012

The U.S. Court of Appeals for the Federal Circuit, in addressing the standard for establishing when a chemical compound is obvious based on prior art compounds, reiterated its two-part framework earlier established in Takeda Chemical Industries, Ltd. v. Alphapharm Pty., Ltd. (see IP Update, Vol. 10, No. 7


New complaint filed over the importation of communication devices and equipment
  • McDermott Will & Emery
  • USA
  • November 3 2011

On November 2, 2011, a complaint was filed on behalf of ChriMar Systems, Inc. dba CMS Technologies (“ChriMar”) against proposed respondents that include various Cisco entities, HP, 3Com, Avaya and Extreme Networks


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