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Reversing Obviousness Finding Because Prior Art Was Not Self-Enabling
Raytheon Technologies Corp. v. General Electric Co., No. 20-1755 (Fed. Cir. April 16, 2021)
Winston Taylor
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Specification That Discloses No Range Of Values Does Not Provide Sufficient Written Description For Claiming A Specific Range Of Values
This opinion concerns an appeal and cross-appeal of a Patent Trial and Appeal Board ("PTAB") inter partes review ("IPR") decision and addresses the question of whether claims in a later-filed...Winston Taylor - Article
The Concept Of "Built-In Apportionment" Can Be Used To Assume The Negotiators To A License Arrived At The Value Of The Asserted Patent
Following trial, a jury found patent infringement and awarded damages based on sales of the accused products. The damages calculation was based on a 3% royalty on $2.99 billion in sales.Winston Taylor - Article
The Language "Shall Be The Property Of" Is A Promise Of Future Assignment—Not A Present Automatic Transfer Of Intellectual Property Rights
The alleged infringer appealed the district court's denial of its motion to dismiss the complaint for lack of standing. The district court held the patentee had standing because the bylaw of the university...Winston Taylor - Article
Waco Jury Finds Willful Infringement And Awards Plaintiff Textron $279 Million In Drone Patent Suit
On July 19, 2021, Plaintiff Textron Innovations, Inc. ("Textron") sued SZ DJI Technology, DJI Europe B.V., and DJI Technology, Inc. for infringement of U.S. Patent Nos. 8,014,909; 8,108,085...Winston Taylor - Article
When Is Your Patent Yours, And When Is It Yours To Lose?
In a recent March 17, 2025 summary judgment order, federal district court Judge Georgette Castner in the District of New Jersey invalidated a patent that had been filed before the 2011 America Invents Act (AIA)...Winston Taylor - Article
ITC Adopts First Significant Rule Changes Since 2018
On February 3, 2025, amendments to the Rules of Practice & Procedure at the U.S. International Trade Commission (ITC) will take effect.Winston Taylor - Article
Defining Moments - A Day In The Life With Bill O’Neil (Video)
Defining moments make this work a privilege and a passion. The pride of taking that next step in a career you love. Creating a turning point for your client that unlocks everything.Winston Taylor - Article
Judge Albright Announces Changes To His Order Governing Proceedings
Judge Albright announced his latest changes to his Order Governing Proceedings (OGP), which are now published on the Western District of Texas website here.Winston Taylor - Article
Highest Court In New York Reaffirms Lenders' Security Rights To Accounts Receivable
In a recent decision, the court of appeals of the state of New York, New York's highest court, ruled that, under section 9-406 of the Uniform Commercial Code of the state of New York...Winston Taylor - Article
Judge Albright Enters New Standing Order To Resolve Transfer Motions Before Markman Hearings
On March 23, Judge Albright entered a new standing order on procedures for filing inter-district transfer motions.Winston Taylor - Article
Judge Albright Issues Discovery Order Requiring Fintiv To Answer To Missing Emails In Discovery Dispute With Apple
On December 21, 2022, Judge Albright resolved a discovery dispute between Fintiv and Apple, ordering Fintiv to provide Apple with answers in writing as to why emails were missing for 10...Winston Taylor - Article
Motion To Transfer Fails In View Of A Waco-Based Plaintiff
In its opposed motion, Defendant Juniper Networks, Inc. (Juniper) submitted that the Northern District of California was a proper and more convenient venue for the action brought in Waco...Winston Taylor - Article
Ninth Circuit Clarifies Scope Of Preemption Defense To Claims Based On Federally Approved Product Labels
Where a federal agency has reviewed and approved a product label pursuant to a federal statute, claims brought under state laws challenging that label are preempted...Winston Taylor - Article
California Attorney General Issues Second Set Of CCPA Modifications
The California Attorney General's office released a second set of modifications to regulations implementing the California Consumer Privacy Act (CCPA) on March 11, 2020.Winston Taylor - Article
Interest Rates Fall For SBICs: September 2024 Standard Debenture Pooling
The September 2024 pooling of Small Business Investment Company (SBIC) debentures was priced at 4.38%. This most recent semiannual pricing of SBIC debentures reflected a decrease to the rate set in March 2024.Winston Taylor - Article
IRS Clarifies Federal Credit Unions May Claim Employee Retention Credit For 2021
In a memorandum released on August 18, 2023 (CCM 202333001), the IRS Office of Chief Counsel clarified the eligibility of federal credit unions...Winston Taylor - Article
Congress Reaches Agreement On Key Maritime Legislation
On December 3, 2020, the House and Senate Armed Services committees released the conference report agreement for the Mac Thornberry National Defense Authorization Act for Fiscal Year 2021.Winston Taylor - Article
President Biden Issues Executive Order Taking Aim At Anti-Competitive Conduct, Including In Shipping And Logistics Sectors
On July 9, 2021, President Biden signed an Executive Order entitled "Executive Order on Promoting Competition in the American Economy" aimed at promoting competition across various aspects...Winston Taylor - Article
U.S. Maritime Administration Makes Government Vessel Financing More Flexible
On December 14, 2023, the U.S. Maritime Administration issued a Final Rule which makes its "Federal Ship Financing Program," widely known as "Title XI," more flexible.Winston Taylor