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Supreme Court rejects deference to PTO in Hyatt

USA - April 23 2012 On April 18, 2012, the Supreme Court of the United States affirmed the Court of Appeals for the Federal Circuit and clarified the evidentiary rules and procedures for a 35 U.S.C. 145 proceeding before a district court....

Rajiv Patel, Enia Titova.

Supreme Court allows generic manufacturers to challenge overbroad use codes

USA - April 18 2012 The United States Supreme Court has again reversed the Federal Circuit, ruling unanimously that a generic drug manufacturer may file a counterclaim to force correction of an overbroad use code that encompasses unclaimed methods of using the drug at issue....

David Tellekson, Ewa M. Davison.

Patent litigation alert: Federal Circuit issues en banc decision in Marine Polymer: no reexamination intervening rights absent textual amendment to claim language

USA - March 19 2012 Should intervening rights apply to claims that were not textually amended during a reexamination proceeding but were effectively narrowed by the patentee’s arguments?...

Rajiv Patel, Betsy White.

What kind of bag holds a $19B cat? Uniloc v. Microsoft: Federal Circuit rules on reasonable royalty damages issues

USA - January 6 2011 On January 4, 2011 the Federal Circuit in Uniloc USA, Inc. v. Microsoft Corp. made two significant rulings on recurring issues in the area of patent damages....

Todd R Gregorian, Ryan Marton.

Decision in Pequignot v. Solo Cup Company

USA - June 11 2010 Yesterday the Federal Circuit issued a decision in Pequignot v. Solo Cup Company, No. 2009-1547 (Fed. Cir. Jun. 10, 2010), providing some much needed guidance on avoiding liability under the “false marking” statute, 35 U.S.C. 292....

Erin C. Jones, Ryan Marton.