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Results: 1-10 of 173

Automation of Manual Process Is Not a Patentable Improvement
  • McDermott Will & Emery
  • USA
  • July 26 2017

The US Court of Appeals for the Federal Circuit found a software patent directed to automating previously manual processing of loan applications to


Adding Pre-Existing Technology Won’t Save a Patent-Ineligible Claim
  • McDermott Will & Emery
  • USA
  • January 3 2017

In the recent FairWarning and Synopsys cases (IP Update, Vol. 19, No. 11), the US Court of Appeals for the Federal Circuit found the challenged


Limits on the use of the disclosure-dedication rule under doctrine of equivalents
  • McDermott Will & Emery
  • USA
  • November 29 2012

Addressing for the first time the issue of whether the disclosure of subject matter in a document incorporated by reference amounts to a dedication of that subject matter to the public under the Johnson & Johnston disclosure-dedication rule, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s summary judgment of non-infringement, holding that the host patent must first sufficiently inform one of ordinary skill that the incorporated document contains subject matter that is an alternative to a claim limitation before the dedication rule can be used to limit equivalents


Evolving Post-Alice Law on Patent Eligibility
  • McDermott Will & Emery
  • USA
  • November 29 2016

In two recent cases addressing patent eligibility of software patent claims, the US Court of Appeals for the Federal Circuit found the challenged


Yet another court weighs in on FRAND rates (this time for Wi-Fi)
  • McDermott Will & Emery
  • USA
  • October 31 2013

The U.S. District Court for the Northern District of Illinois, after a bench trial limited to the issue of determining a FRAND rate for licensing a


Data-encryption is patent eligible despite not being tied to a particular machine
  • McDermott Will & Emery
  • USA
  • March 31 2014

Addressing an argument that a data-encryption patent was directed to non-eligible subject matter because it covered an abstract idea divorced from a


First patents survive inter partes review fully intact
  • McDermott Will & Emery
  • USA
  • May 29 2014

In the past several months, decisions have been rendered in the first wave of inter partes reviews filed under the American Invents Act (AIA). The


Inherency is tough to proveeven in IPR
  • McDermott Will & Emery
  • USA
  • August 8 2014

In four final written decisions in Inter Partes Review (IPR) challenges, the Patent Trial and Appeal Board (PTAB) concluded that the petitioner had


Federal Circuit affirms jury verdict of invalidity based on on-sale bar and public use
  • McDermott Will & Emery
  • USA
  • June 28 2012

Affirming the district court’s judgment, the U.S. Court of Appeals for the Federal Circuit cleared Facebook of allegations of patent infringement, finding that that the patent in suit was invalid under 35 U.S.C. 102(b) because the patentee’s product which embodied the patented subject matter was on sale and in public use more than one year before the filing of the patent


The 25 percent rule is fundamentally flawed
  • McDermott Will & Emery
  • USA
  • January 31 2011

The U.S. Court of Appeals for the Federal Circuit held that the 25 percent rule of thumb, often used as a tool for determining a baseline royalty rate in a hypothetical negotiation, is a fundamentally flawed