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  • Article

    Judge Albright Grants Customer Defendants Sailpoint, Vistra, And Clear Channel's Motions To Sever And Stay While Suit Against Manufacturer Box Remains Pending

    On December 29, 2022, Judge Albright issued two orders applying the customer suit exception to Plaintiff Topia's patent infringement claims against defendants Sailpoint, Vistra, and Clear Channel...
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Grants Defendant Lyft, Inc.'s Motion To Dismiss For Improper Venue Under FRCP 12(b)(3)

    Judge Albright dismissed Plaintiff Fare Technologies LLC's complaint against Lyft, Inc. for failure to plead that Defendant has a server in W.D. Tex. that could comprise the "computer" of the asserted...
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Grants Motion To Dismiss For Improper Venue, Failure To State A Claim

    On September 30, 2021, plaintiff Sightline Payments sued four Everi entities for infringement of five patents related to cashless transactions for the gaming industry.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Grants Motion To Dismiss For Improper Venue In Gesture Technology Partners

    On December 29, 2021, Judge Albright granted Lenovo USA and Motorola's motion to dismiss for improper venue in Gesture Technology Partners LLC v. Lenovo Group.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Grants Motion To Stay Pending IPR Given That The Case Was In Early Stages Of Litigation

    On June 8, 2022, Judge Albright granted Defendant Lone Star National Bancshares-Texas, Inc.'s ("Lone Star") motion to stay pending an instituted IPR filed in December 2021.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Albright Resolves Scope Of Patent Prosecution Bar In Defendants' Favor

    On November 11, 2022, Judge Albright resolved a discovery dispute over the appropriate scope of the patent prosecution bar in a protective order in favor of the defendants' broader proposal.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Judge Yeakel Orders Stay Pending IPRs On 3 Of 7 Asserted Patents

    On February 7, 2022, Judge Yeakel stayed Bell Semiconductor LLC v. NXP Semiconductors N.V. et al. pending IPRs on three of Plaintiff's seven asserted patents.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Moderna Has Standing To Appeal Because Of Risk Of Infringement Suit, But PTAB's Rejection Of Moderna's Invalidity Arguments Is Affirmed

    ModernaTx, Inc. v. Arbutus Biopharma Corp., No. 2020-2329 (Fed. Cir. Dec. 1, 2021)...
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Patentee Cannot Use Inconsistent Claim Interpretations To Avoid Anticipation And Argue Infringement

    The Federal Circuit, considering only one patent on appeal, affirmed the district court's denial of JMOL of invalidity and reversed the district court's denial of JMOL of no infringement.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Scope Of Analogous Art Depends On Whether It Is From The Same Field Of Endeavor, Or Is Reasonably Pertinent

    This case considers the appropriate standard for determining if prior art is analogous for purposes of determining unpatentability.
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Simplifying A Computer Process May Pass Alice Step Two

    Cosmokey Solutions GMBH & Co. KG v. Duo Security LLC, FKA Duo Security, Inc., 2020-2043 (Fed. Cir. 2021)...
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    Transfer Motion Denied Primarily Due To Co-Pending Cases And Quicker Time To Trial In Waco

    On August 20, 2021, Judge Albright denied Quest Diagnostic Inc.'s motion to transfer Ravgen Inc.'s patent infringement lawsuit to the Central District of California (CDCA).
    United StatesIntellectual Property
    Winston Taylor
    Winston Taylor
  • Article

    DOJ Declines Prosecution Of PE Firm – Lessons For International Trade Violations And Beyond

    In a significant decision announced this week, the Department of Justice (DOJ) declined to prosecute a private equity (PE) firm after the firm voluntarily disclosed sanctions and export...
    United StatesInternational Law
    Winston Taylor
    Winston Taylor
  • Article

    OFAC Identifies SDNS Under PEESA Authorities And Clarifies Scope

    On August 20, the U.S. government took a number of actions against Russian oil pipelines Nord Stream 2 and TurkStream, including heightening sanctioned activities related to the construction...
    United StatesInternational Law
    Winston Taylor
    Winston Taylor
  • Article

    Defining Moments – A Day In The Life With Bill O’Neil

    Chicago Office Managing Partner Bill O'Neil shares his journey from aspiring trial lawyer to firm leader, revealing how the discipline of daily routines, family commitments, and courtroom performance intersect to create career-defining moments. Through a personal lens spanning from coaching his daughter's basketball team to high-stakes litigation, O'Neil demonstrates how the mindset of persuasion and leadership extends far beyond the courtroom.
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    District Of New Jersey's Dismissal In Subaru Exemplifies The Utility Of The Economic Loss Rule And Puffery Arguments For Class Action Defendants

    The United States District Court for the District of New Jersey's dismissal of several claims in Cohen v. Subaru Corporation exemplifies the utility of the economic loss rule and puffery arguments...
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    FTC Targets "Influencers In The Wild"

    Today, companies often use endorsements and testimonials to advertise and market their products and services on both traditional and social media.
    United StatesLitigation, Mediation & Arbitration
    Winston Taylor
    Winston Taylor
  • Article

    SEC Staff Under New Administration Issues Statement Declaring That Meme Coins Are Not Securities

    On February 27, 2025, the Securities and Exchange Commission released a staff statement that clarifies that meme coins, defined as "a type of crypto asset inspired by internet memes, characters, current events, or trends for which the promoter seeks to attract an enthusiastic online community to purchase the meme coin and engage in its trading," are not securities.
    United StatesTechnology
    Winston Taylor
    Winston Taylor
  • Article

    Congress Authorizes Major Expansion Of Vessel Tax Deferral Program

    The National Defense Authorization Act for Fiscal Year 2023 sent to President Biden for his signature on December 16, 2022, contains a major expansion of the Capital Construction...
    United StatesTransport
    Winston Taylor
    Winston Taylor
  • Article

    In First Commercial Scale Effort, Biden Administration Approves Offshore Wind Agreement In California

    On May 25, the Biden administration announced an effort with the State of California to advance certain areas of California's northern and central coastal waters for offshore wind farms opening up...
    United StatesTransport
    Winston Taylor
    Winston Taylor

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