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Article

Winston & Strawn LLP | USA | 27 Jul 2011

General Protecht Group, Inc., G-Techt Global Corporation, Securelectric Corporation, and Warehouse-Lighting.com, LLC, and Central Purchasing, LLC and Harbor Freight Tools USA, Inc. v. Leviton Manufacturing Co., Inc., no. 2011-1115 (Fed. Cir. July 8, 2011)

A settlement agreement that includes a patent license to certain patents and that contains a forum selection clause covering disputes “relating to or arising out of” the settlement agreement controls the available choice of forum for allegations of infringement of patents that are continuations of the patents covered by the license.

Article

Winston & Strawn LLP | USA | 16 Nov 2010

Abraxis Bioscience, Inc. v. Navinta LLC

To establish Article III standing, a plaintiff must demonstrate that it holds an enforceable title to the patent at the inception of an infringement action, and jurisdictional defects cannot be cured after the complaint has been filed.

Article

Winston & Strawn LLP | USA | 31 Aug 2010

The secondary considerations of non-obviousness of commercial success, failure of others, and industry praise must be linked to the claimed invention, not pre-existing market share

Patentee sued for infringement of a patent for a “bundle breaker” used for breaking multiple, uneven bundles of corrugated board.

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