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Results:1-10 of 11

Federal Circuit overturns TTAB ruling finding “Pretzel Crisp” generic
  • Shook Hardy & Bacon LLP
  • USA
  • May 29 2015

The Federal Circuit has reversed and remanded a Trademark Trial and Appeal Board (TTAB) decision invalidating Snyder's-Lance Inc.'s "Pretzel Crisp"


Federal Circuit applies Gunn, rules false statement about patent claim belongs in state court
  • Shook Hardy & Bacon LLP
  • USA
  • June 6 2013

The Federal Circuit Court of Appeals has determined that a dispute over allegedly false statements about patents did not raise a substantial question


Vascular graft patent dispute heads to SCOTUS for review of heightened willful infringement standard
  • Shook Hardy & Bacon LLP
  • USA
  • November 1 2012

Medical supply manufacturer W.L. Gore & Associates, Inc. has filed a petition before the U.S. Supreme Court seeking review of a Federal Circuit ruling remanding to the district court a long-running patent-infringement dispute over a prosthetic vascular graft, with instructions to reconsider its denial of W.L. Gore’s motion for judgment as a matter of law of no willful infringement.


Federal court addresses spoliation issues on remand in Hynix v. Rambus
  • Shook Hardy & Bacon LLP
  • USA
  • October 3 2012

On remand from the Federal Circuit Court of Appeals, a federal district court in California has reversed its determination that Rambus, Inc. did not spoliate evidence by shredding hundreds of boxes in the months preceding its implementation of a strategy to aggressively protect its technology patents.


Federal Ccircuit panel returns to Gore-Tex graft dispute, clarifies willfulness standard for enhanced damages
  • Shook Hardy & Bacon LLP
  • USA
  • June 21 2012

The Federal Circuit Court of Appeals has vacated parts of its February 2012 decision in a long-running patent dispute over a prosthetic vascular graft and remanded the matter for the district court to address the objective prong of the willfulness standard and reconsider its denial of W.L. Gore’s motion for judgment as a matter of law of no willful infringement. Bard Peripheral Vascular, Inc. v. W.L. Gore & Assoc., Inc., No. 2010-1510 (Fed. Cir., decided June 14, 2012).


Standing issue back in play in Myriad Genetics
  • Shook Hardy & Bacon LLP
  • USA
  • June 7 2012

While the Federal Circuit Court of Appeals has ordered the parties in Molecular Pathology v. U.S. Patent and Trademark Office (Myriad Genetics) to address the effect of the U.S. Supreme Court’s Prometheus Laboratories ruling on the validity of the composition and method patents at issue in Myriad Genetics, the defendant, which holds an exclusive license to the patents, has once again raised whether the challengers have standing.


Federal Circuit clarifies permanent injunction standard
  • Shook Hardy & Bacon LLP
  • USA
  • October 20 2011

The Federal Circuit Court of Appeals has clarified that, while a judgment of patent infringement and validity does not constitute a presumption of irreparable harm “as it applies to determining the appropriateness of injunctive relief,” the judgment should not be ignored by the court when weighing the equities involved in deciding whether to impose a permanent injunction.


Patentability of medical treatment claims to be heard by U.S. Supreme Court
  • Shook Hardy & Bacon LLP
  • USA
  • June 30 2011

The U.S. Supreme Court has agreed to review a Federal Circuit Court of Appeals ruling that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 35 U.S.C. 101.


Federal Circuit explores when litigation is “reasonably foreseeable” for spoliation purposes
  • Shook Hardy & Bacon LLP
  • USA
  • May 19 2011

The Federal Circuit Court of Appeals has issued rulings in companion patent-infringement cases involving the alleged spoliation of documents; at issue was a determination as to when litigation is "reasonably foreseeable," thus triggering a document-preservation duty.


Medical treatment claims deemed patentable on reconsideration after Bilski
  • Shook Hardy & Bacon LLP
  • USA
  • January 13 2011

The Federal Circuit Court of Appeals has confirmed its earlier decision, rendered before Bilski v. Kappos, 130 S. Ct. 3218 (2010), was decided, and ruled that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 101.