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Results: 1-10 of 182

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


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


Commission grants consent motion to terminate Inv. No. 337-TA-685
  • McDermott Will & Emery
  • USA
  • July 8 2011

On July 7, 2011, the Commission granted a consent motion filed by complainant, Samsung Electronics Co. (“Samsung”) in Inv. No. 337-TA-685, Certain Flash Memory and Products Containing Same, to terminate the investigation in its entirety on the basis of settlement


Use of “antithesis” of claim element does not bar application of doctrine of equivalents
  • McDermott Will & Emery
  • USA
  • April 30 2015

In a Hatch-Waxman case, the U.S. Court of Appeals for the Federal Circuit found that the use of a claimed step, characterized as the “antithesis” of


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


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


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


En banc Federal Circuit affirms ITC decision on patent misuse
  • McDermott Will & Emery
  • USA
  • September 1 2010

On August 30, 2010, the en banc Federal Circuit affirmed the decision of the ITC in Inv.No. 337-TA-474 (Princo Corp, et al. v. International Trade Commission, et al., Fed. Cir. 2007-1386


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


Actions under 337 based on inducement require existence of direct infringement prior to importation
  • McDermott Will & Emery
  • USA
  • December 17 2013

In a case of first impression, a divided U.S. Court of Appeals for the Federal Circuit panel ruled that an exclusion order based on a violation of