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Results: 1-10 of 138

Arkema Inc., et. Al., v. Honeywell International, Inc.
  • Winston & Strawn LLP
  • USA
  • February 15 2013

An alleged infringer may bring a declaratory judgment where the patentee's conduct puts it in the position of pursuing arguably illegal conduct or


Douglas Dynamics, LLC v. Buyers Product Company, 2011-1291, 2012-1046, -1057, -1087, -1088 (Fed. Cir. May 21, 2013).
  • Winston & Strawn LLP
  • USA
  • May 30 2013

Patentee's profit in the face of infringement does not prevent permanent injunction; "25 rule of thumb" and profit-margin ceilings for royalties


Intel Corp. v. Negotiated Data Solution, Inc. et. Al., no. 2011-1448 (Fed. Cir. Dec. 17, 2012).
  • Winston & Strawn LLP
  • USA
  • December 26 2012

A broad patent license, without language to the contrary, extends to reissue patents that are granted after the term of the license agreement. The


Accent Packaging, Inc. v. Leggett & Platt, Inc
  • Winston & Strawn LLP
  • USA
  • February 15 2013

A claim construction must not exclude the preferred embodiments, the possibility of altering an accused device to meet claim limitations does not


Dey, L.P. et al. v. Sunovion Pharm., Inc., No. 2012-1428 (Fed. Cir. May 20, 2013).
  • Winston & Strawn LLP
  • USA
  • May 30 2013

Clinical drug trials operating under standard confidentiality procedures do not constitute a third-party public use under pre-America Invents Act


Regents of the University of Minnesota v. ADA Medical Corp., No. 2012-1167 (Fed. Cir. June 3, 2013).
  • Winston & Strawn LLP
  • USA
  • June 14 2013

An earlier prosecution disclaimer applies to a later application so long as the two have the same or closely related claim limitation language


Forrester Envtl. Servs., Inc., v. Wheelabator Techs., Inc., No. 2012-1686 (Fed. Cir. May 16, 2013).
  • Winston & Strawn LLP
  • USA
  • May 24 2013

State law tortious interference and trade secret misappropriation claims did not raise a "substantial question of federal patent law" authorizing


Motiva, LLC v. Int’l Trade Comm’n, No. 2012-1252 (Fed. Cir. May 13, 2013).
  • Winston & Strawn LLP
  • USA
  • May 24 2013

In an ITC proceeding, previous litigation of a patent by the complainant does not constitute a substantial investment in licensing to satisfy the


Flo Healthcare Solutions, LLC v. Rioux Vision, Inc., No. 2011-1476 (Fed. Cir. Oct. 23, 2012)
  • Winston & Strawn LLP
  • USA
  • November 1 2012

Even if a claim does not include the word “means,” there is only a rebuttable presumption, and not an absolute conclusion, that 35 U.S.C. 112 6 was not intended to govern the claim; a written description limitation should not be read into a claim if it is not used in the claim


In re Suong-Hyu Hyon and Masanori Oka
  • Winston & Strawn LLP
  • USA
  • June 26 2012

The motivation to combine prior art references is not affected by the fact that one prior art reference discloses performing a certain action earlier in the procedure, and another prior art reference disclose performing that same action later in the procedure; there will still be a motivation to combine, despite this inconsistency, as long as one of the prior art references provides the reasoning for and benefits of modifying the procedure in that manner