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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


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


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


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


Commission institutes Inv. No. 337-ta-740
  • McDermott Will & Emery
  • USA
  • October 10 2010

On October 6, 2010, the Commission instituted Inv. No. 337-TA-740, Certain Toner Cartridges and Components Thereof, based on a complaint filed by Lexmark International, Inc. on August 20, 2010


ALJ Pender denies a non-party motion to quash but grants motion to limit subpoenas issued in 337-TA-808
  • McDermott Will & Emery
  • USA
  • March 9 2012

On March 9, 2012, ALJ Pender issued an order denying non-party Openwave System Inc.’s (“Openwave”) motion to quash a subpoena duces tecum and subpoena ad testificandum served by Respondent Apple, Inc. (“Apple”


ALJ Bullock issues initial determination terminating the investigation as to drugstore.com
  • McDermott Will & Emery
  • USA
  • March 9 2012

On March, 9, 2012, Chief ALJ Bullock issued an initial determination granting a joint motion to terminate the investigation as to respondent drugstore.com based on a consent order stipulation in Inv. No. 337-823, Certain Kinesiotherapy Devices and Components Thereof


Microchip Technology files new complaint
  • McDermott Will & Emery
  • USA
  • March 28 2012

Microchip Technology, Inc. has filed a new complaint at the Commission seeking an investigation into the importation of Certain Semiconductor Integrated Circuit Devices and Products Containing Same


Verizon files appeal in digital set top boxes investigation
  • McDermott Will & Emery
  • USA
  • September 25 2011

On September 19, Verizon Communications, Inc. and Verizon Services Corp. filed appeals to the United States Court of Appeals for the Federal Circuit, appealing the Commission decision of no violation in Inv. No. 337-TA-712, Certain Digital Set Top Boxes and Components Thereof


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