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  • Article

    Agreed upon Claim Construction Breezes through Federal Circuit

    Foregoing de novo review of a claim construction agreed upon by the parties, the U.S. Court of Appeals for the Federal Circuit upheld a district court’s grant of summary judgment of non-infringement. Semitool, Inc. v. Dynamic Micro Sys. Semiconductor Equip GMBH, Case No. 05-1299 (Fed. Cir. Apr. 6, 2006) (Prost, J.).
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    By Failing To Prepare, You Are Preparing To Fail: Incorporate Planned Demonstratives Before The Oral Hearing

    People learn best in different ways. Auditory learners would rather listen to things being explained.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Constructive Reduction To Practice Of A Count May Be Established By Disclosure Of Species

    Reversing a decision by the United States Patent and Trademark Office Board of Patent Appeals and Interferences (Board) in a patent interference, the U.S. Court of Appeals for the Federal Circuit held that an appellant was entitled to the benefit of a foreign priority document.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Court Of Appeals For The Federal Circuit Denies Petition For Rehearing En Banc In Design Patent Infringement Suit

    The Federal Circuit has denied a petition for rehearing en banc in a design patent case that has sparked sharp internal disagreement over how infringement determinations should be made. Chief Judge Moore's dissent argues the court has improperly shifted fact-intensive questions about functionality and substantial similarity from juries to judges, while the concurrence maintains the panel decision follows longstanding precedent.
    United StatesIntellectual Property
    A&O Shearman
    A&O Shearman
  • Article

    D. Mass. Patent Litigation Update: February 2026

    A federal district court in Massachusetts dismissed a patent infringement case after determining that the asserted patent claims were directed to unpatentable subject matter under 35 U.S.C. § 101.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Entire Market Value Analysis Means The Juice And Dispenser

    Addressing whether the entire market value rule permits recovery of lost profits on unpatented components sold with a patented item, the U.S. Court of Appeal for the Federal Circuit reversed the district court’s exclusion of evidence of lost profits on unpatented syrup concentrate sold with a patented dispenser.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Federal Circuit Affirms District Court’s Invalidation Of Patents Because Inventorship Could Not Be Corrected Without Giving All Inventors Notice And An Opportunity To Be Heard

    In Fortress Iron, L.P. v. Digger Specialties, Inc, No. 24-2313, (Fed. Cir. Apr. 2, 2026), the Federal Circuit affirmed the United States District Court for the Northern District of Indiana’s invalidation of Fortress’ U.S.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Federal Circuit Affirms § 101 Ineligibility, Vacates Fee Denial

    The Federal Circuit recently addressed whether claims directed to a relay device for tracking farming operations constitute patent-eligible subject matter under 35 U.S.C. § 101.
    United StatesIntellectual Property
    Lerner David Littenberg Krumholz & Mentlik, LLP
    Lerner David Littenberg Krumholz & Mentlik, LLP
  • Article

    If A Customer Cannot See The Product On Which Mark Is Affirmed, No Confusion Possible

    Addressing issues of trademark infringement and Florida’s Deceptive and Unfair Trade Practices Act, the U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment ruling that where the product on which a mark is affirmed cannot be seen by a customer, there is no likelihood of confusion.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Known Operations Cannot be Deemed Intentionally Concealed Absent Evidence of Intent

    Addressing whether a well-known operation can be deemed intentionally concealed, absent evidence of intent, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s grant of summary judgment of patent invalidity that was based on the inventors’ failure to disclose the preferred mode of practicing an invention.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    No Clear and Unmistakable Surrender Where USPTO May Have Had Alternate Grounds for Allowing Claim

    The U.S. Court of Appeals for the Federal Circuit has shed some additional light on the application of prosecution history estoppel under Festo to certain narrowing claim amendments.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Procedure Matters: Failure to Object May be Fatal to an Appeal

    In a decision that highlights the importance of knowing how and when to make objections in order to preserve issues for appeal, the U.S. Court of Appeals for the Federal Circuit upheld a district court’s judgment of no infringement pointing to the various objections the patentee failed to make in the proceedings that came back to haunt it on appeal.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Recovering Attorneys' Fees For AIA Proceedings

    The U.S. Supreme Court recently confronted the ever-increasing concerns regarding frivolous patent infringement suits by clarifying the requirements of 35 U.S.C. § 285, the fee-shifting statute...
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Reverse Engineering/Internet Gaming Software Held to Breach Shrink-Wrap Contract

    The U.S. Court of Appeals for the Eighth Circuit held that reverse engineering copyrighted software to allow multi-user gaming on an unauthorized server using unauthorized copies of games violated the Digital Millennium Copyright Act (DMCA).
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Summary Judgment is Not Appropriate for Willful Infringement Where Jury Could Find Otherwise

    The U.S. Court of Appeals for the Second Circuit has now held that even though Microsoft Corporation was entitled to summary judgment on its copyright infringement claims against an alleged counterfeiter, Island Software & Computer Services, a decision to grant the software giant $240,000 in statutory damages on grounds that the infringer acted "willfully" was inappropriate.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Supreme Court Clarifies Standard for Granting Injunctions in Patent Cases

    On May 15, the Supreme Court ruled that, in deciding whether to issue permanent injunctions in patent infringement actions, the trial courts should apply the traditional four-prong test for granting injunctive relief. In eBay, Inc. v. MercExchange, the Court, in a unanimous decision, rejected the use of categorical rules and reversed the Federal Circuit's decision for applying the incorrect standard. Justice Clarence Thomas’s opinion states that courts should apply the traditional following
    United StatesIntellectual Property
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Supreme Court Has Agreed to Hear a Highly Important Patent Case

    On November 28, 2005, the United States Supreme Court (Court) agreed to consider whether a permanent injunction should issue automatically once a patent is found to be valid and infringed.
    United StatesIntellectual Property
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    ´Clarified´ Appellate Court Claim Construction Warrants Second Remand

    In the long-running litigation between Asyst Technologies, Inc. and various defendants over Asyst’s patent directed to a system used in the production of integrated circuits, the U.S. Court of Appeals for the Federal Circuit has—for a second time—overturned the district court’s summary judgment grant of non-infringement.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Court Of International Trade Establishes New Pathway For IEEPA Tariff Refunds For Liquidated Entries

    The U.S. Court of International Trade has established a new procedure for importers to obtain refunds on tariffs that were imposed under the International Emergency Economic Powers Act and later invalidated by the Supreme Court. This development addresses the critical question of how importers with fully liquidated entries can recover duties paid under what the Supreme Court determined were unlawful tariffs.
    United StatesInternational Law
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    U.S. Appeals Court Order On Universal Tariff Refunds; Status Of Liquidated Entries In Question

    The U.S. Court of Appeals for the Federal Circuit faces a critical challenge to universal tariff refunds as CBP appeals a lower court order, arguing it lacks authority to refund fully liquidated duties imposed under invalidated IEEPA authority.
    United StatesInternational Law
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Showing 381–400 of 4287 results

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