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Results: 1-10 of 139

Ateliers de la Haute-Garone v. Broetje Automation USA Inc., et al., No. 2012-1-38-1077 (Fed. Cir. May 21, 2013).
  • Winston & Strawn LLP
  • France
  • June 14 2013

To establish a failure to set forth the best mode of carrying out the invention under 35 U.S.C. 112, 1, it must be shown that the


The Fox Group, Inc. v. Cree, Inc., No. 2011-1576 (Fed. Cir. Nov. 28, 2012)
  • Winston & Strawn LLP
  • USA
  • December 8 2012

Under Section 102(g), in order to invalidate a patent claim on the ground of prior inventorship, an alleged infringer must prove either that it conceived of the invention first and was diligent in reducing it to practice or that it reduced its invention to practice before the critical date of the patent-at-issue


Eon-Net LP v. Flagstar Bancorp, No. 2009-1308 (Fed. Cir. July 29, 2011).
  • Winston & Strawn LLP
  • USA
  • August 10 2011

The Federal Circuit held that the evidence of the patentee’s litigation misconduct and objectively-baseless lawsuit filed without reasonable pre-suit investigation properly supported the district court’s finding that the case was exceptional under 35 U.S.C. 285 and warranted Rule 11 sanctions


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


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


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


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


Norgren, Inc. v. International Trade Commission, No. 2011-1349 (Fed. Cir. Nov. 14, 2012)
  • Winston & Strawn LLP
  • USA
  • November 29 2012

A patentee appealed the International Trade Commission’s determination that an accused infringer’s importation and sale of clamp devices did not violate section 337 of the Tariff Act of 1930


Eplus, Inc. v. Lawson Software, Inc., No. 2011-1396, -1456, -1554 (Fed. Cir. Nov. 21, 2012)
  • Winston & Strawn LLP
  • USA
  • November 29 2012

Even if a structure corresponding to a means plus function claim is known in the prior art, it must still be disclosed in the patent’s specification in order to adequately claim the function