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8,656 results found


Marshall Gerstein & Borun LLP | USA | 16 Jul 2019

Is the Written Description Requirement a Nose of Wax?

In re Global IP Holdings LLC, Appeal 2018-1426 (Fed. Cir. July 5,2019), concerns patent law’s written description requirement, under 35 USC 112


Akerman LLP | USA | 16 Jul 2019

APOGEE at its Nadir for Louis Vuitton at Federal Circuit

The Federal Circuit recently sustained the Trademark Trial and Appeal Board’s (“TTAB” or the “Board”) refusal to register Louis Vuitton Malletier’s


K&L Gates | USA | 12 Jul 2019

Declining to Overrule a Long-Standing Agency Deference Doctrine, the Supreme Court Nonetheless Cautions That its Limitations Provide a Meaningful Check on Federal Agencies' Power to Regulate Business Activities

Federal agencies issue hundreds of significant rules each year, affecting virtually all aspects of U.S. economic activity. For decades, businesses


Drinker Biddle & Reath LLP | USA | 9 Jul 2019

The Restoration of (Bad) Faith: The Proper Standard for a Factual Finding of Willful Infringement

The Patent Act provides that once infringement has been established, a district court may “increase the damages up to three times the amount found or


Greenberg Traurig LLP | USA | 9 Jul 2019

After Seeking a Second Opinion, the Federal Circuit Continues to Struggle with Medical Diagnostic Patent Eligibility After Mayo

On July 3, 2019, the Federal Circuit issued eight, separate opinions denying Athena Diagnostic Inc.’s (Athena) petition for en banc rehearing on the


McDermott Will & Emery | USA | 8 Jul 2019

No Competitor Standing for Appeal of IPR Decision upholding Unasserted Claims

Addressing whether standing to appeal an unfavorable inter partes review (IPR) decision could be based on the competitor


McDermott Will & Emery | USA | 5 Jul 2019

“Exceptional Case” Determinations may Rest on Alleged but Non-Litigated Issues

Addressing the issue of attorneys’ fees in connection with exceptional cases under 35 USC 285, the US Court of Appeals


McDermott Will & Emery | USA | 5 Jul 2019

Standing is unaffected by Patent Licensee’s Failure to Join

Addressing the issue of standing in a patent infringement case, combined with the requirements of joinder under Fe


McDermott Will & Emery | USA | 5 Jul 2019

Nothing Fishy Here: No Private Right of Action Precludes 337 Unfair Competition Claim

The US Court of Appeals for the Federal Circuit affirmed an International Trade Commission


McDermott Will & Emery | USA | 5 Jul 2019

No Transfer under First-to-File Rule where Second Case involves Different Technology

The US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus requesting transfer of a pate

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