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The top five intellectual property traps in M&A transactions
  • McDermott Will & Emery
  • USA
  • August 31 2010

In M&A transactions, many lawyers assume that intellectual property (IP) rights will automatically transfer with the purchase and that IP issues can be cured by general representations and warranties


Teachings incorporated by reference for anticipation purposes need not be individually named
  • McDermott Will & Emery
  • USA
  • September 28 2009

Finding that material not explicitly contained in the single, prior art document may still be considered for purposes of anticipation if incorporated by reference into the document, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a district court’s summary judgment that patents were not invalid for anticipation


Presumption of abandonment rebutted by showing intent to resume use
  • McDermott Will & Emery
  • USA
  • May 31 2010

The U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (the Board) decision finding that Mattel overcame the statutory presumption of abandonment of its CRASH DUMMIES marks


Adidas wins US case against two and four stripe
  • McDermott Will & Emery
  • USA
  • September 10 2008

Less than a month after the European Court of Justice (ECJ) ruling in Adidas v Marca Mode 2008 C-10207, Adidas has won a U.S.$305 million payout in the United States from Collective Brands in a lawsuit seven years in the making


Two-way test for obviousness type double patenting narrowly applied
  • McDermott Will & Emery
  • USA
  • June 30 2009

The U.S. Court of Appeals for the Federal Circuit determined that the two-way test for obviousness-type double patenting is applicable when the claims could have been presented in an earlier application in the family


McDermott's Reverse Engineered Podcast Top IP Decisions from the US Supreme Court in 2017
  • McDermott Will & Emery
  • USA
  • July 27 2017

The US Supreme Court's recent term made waves in several areas of intellectual property law. In this episode, McDermott IP partner Nathan S. Smith and


Unlike Inspector Clouseau, Pink Panther heirs fail to stumble on favorable theory
  • McDermott Will & Emery
  • USA
  • July 30 2008

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a decision against the heirs of the man who created the Pink Panther and granted copyright ownership to Metro-Goldwyn-Mayer Pictures Inc


Twenty-one day safe harbor applies to Rule 11- no matter what
  • McDermott Will & Emery
  • USA
  • August 31 2009

The U.S. Court of Appeals for the Federal Circuit confirmed that the service and filing of a motion for sanctions under Rule 11 must occur prior to final judgment or judicial rejection of the offending motion in order to prevail


A dismissal for lack of standing should generally be without prejudice
  • McDermott Will & Emery
  • USA
  • July 27 2009

Addressing yet another standing dispute, the U.S. Court of Appeals for the Federal Circuit overturned a dismissal for lack of standing with prejudice, noting the general rule that a dismissal on that basis should ordinarily be without prejudice


Defense of laches in patent cases to be reviewed en banc
  • McDermott Will & Emery
  • USA
  • January 29 2015

The U.S. Court of Appeals for the Federal Circuit has order for en banc review of the defense of latches in patent cases in order to evaluate the