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112 results found

Article

McDermott Will & Emery | USA | 31 Jan 2017

PTAB Sanctions Successful IPR Petitioner, Awards Fees to Patent Owner

Addressing the "real parties in interest" requirement and claim construction issues in an inter partes review (IPR), the Patent Trial and Appeal

Article

McDermott Will & Emery | USA | 12 Dec 2016

Graev v. Commissioner: Tax Court Divided on Penalty Procedural Rules

In tax litigation, there are often (at least) two important categories of issues to consider: (1) substantive; and (2) procedural. A great deal of

Article

McDermott Will & Emery | USA | 19 Aug 2016

Ninth Circuit Court Overturns District Court on Sufficiency of Pleading under Rule 9(b), Remands for Amendment

The US Court of Appeals for the Ninth Circuit issued an opinion overturning a district court’s grant of summary judgment against a False Claims Act

Article

McDermott Will & Emery | USA | 11 Aug 2016

Settlement Reached in Temple-Inland; Delaware Internally Reviewing Unclaimed Property Audit Practices

The court case challenging Delaware’s unclaimed property audit methodologies has settled following an opinion brutalizing Delaware’s position. This

Article

McDermott Will & Emery | USA | 30 May 2016

Prior Invalidity Judgment Stands Despite New Reexamined Claims

The US Court of Appeals for the Federal Circuit affirmed the district court’s denial of a motion to vacate a judgment of invalidity based on

Article

McDermott Will & Emery | USA | 16 Oct 2015

“Worthless services” claims continue to receive serious scrutiny

On October 5, 2015, the U.S. District Court for the Northern District of Illinois dismissed with prejudice a complaint alleging False Claims Act

Article

McDermott Will & Emery | USA | 27 Aug 2015

Dismissal without prejudice does not trigger IPR statutory bar

Addressing the standard for the 35 U.S.C. 315(a)(1) and (b) statutory bars to filing an Inter Partes Review (IPR) petition, the Patent Trial and

Article

McDermott Will & Emery | USA | 26 Mar 2015

Dismissal of a related suit with prejudice can negate petitioner’s grounds for standing

Addressing the issue of standing, the Patent Trial and Appeal Board (PTAB or Board) denied institution of a Covered Business Method (CBM) patent

Article

McDermott Will & Emery | USA | 29 Jan 2015

District court action dismissed without prejudice does not bar filing of IPR petition

Addressing whether a district court action dismissed without prejudice bars a filing of an Inter Partes Review (IPR) petition under 35 U.S.C.

Article

McDermott Will & Emery | USA | 26 Nov 2014

Joint motions to terminate pre-institution IPRs should explain why termination is appropriate

Addressing what information “should” be in a joint motion to terminate proceedings at the pre-institution stage, the U.S. Patent and Trademark Office

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