Searching Content by John Low, Ph.D. from McDermott Will & Emery ordered by Published Date Descending.
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Lawyer Disqualifications For Conflict Of Interest Result In Rebuke
The US Court of Appeals affirmed a disqualification of the plaintiff's counsel, finding that the plaintiff failed to rebut a presumption that those lawyers received the defendant's confidential information.
United States
2 Nov 2016
BPCIA 180-Day Notice Of Intent To Market A Biosimilar Is Required, Enforceable By Injunction
Apotex filed an application for an FDA license to market a biosimilar product, invoking the BPCIA's abbreviated pathway for regulatory approval of follow-on biological products that are "highly similar"...
United States
1 Sep 2016
Claim Terms With No Specialized Meaning In The Art Always Linked To Specification
The Court also found that the claims were not otherwise identical in scopeóa prerequisite for applying the doctrine of claim differentiation.
United States
29 Jul 2016
Intrinsic Feature In All Described Embodiments Makes Claim Insurmountable **WEB ONLY**
The patent owner sued manufactures and sellers of tablet computer devices for infringement of patent claims directed to a mountable digital picture frame for displaying digital images.
United States
1 Jul 2016
Patent Specification Trumps Claim Construction Canon In High-Stakes Reversal
At trial, a jury found that Google infringed four asserted claims of a patent directed to a system and method for data communication connecting online networks with online and offline computers.
United States
1 Jun 2016
"Plain And Ordinary Meaning" Must Be Tethered To Invention Described In Specification
The Court reiterated that the ordinary meaning of a claim term is its ordinary meaning to the ordinary artisan after reading the entire patent.
United States
1 Apr 2016
Multiplying Claim Requirements After Trial Makes Things Impermissibly Complex
After a jury found non-infringement and invalidity of two asserted patent claims, the U.S. Court of Appeals for the Federal Circuit affirmed the district court's denial of the patent owner's judgment as a matter of law (JMOL) of infringement and motion for new trial under U.S. Court of Appeals for the Fifth Circuit law
United States
29 Feb 2016
Filing Serial Lawsuits For Nuisance Settlements May Be "Exceptional" If Improper Intent Established
The plaintiff, SFA Systems (SFA), sued various defendants for patent infringement in a series of cases filed in the U.S. District Court for the Eastern District of Texas, including the defendant, Newegg.
United States
1 Sep 2015
Notice Of An Order Intending Final Judgment, Even If Erroneous, Triggers Appeal
The plaintiff, Two-Way Media (TWM), sued various AT&T defendants (AT&T) for patent infringement.
United States
7 May 2015
Appellate Review Of Claim Construction Still De Novo If Based Solely On Intrinsic Evidence
Two appeals following the Supreme Courtís modification of the standard of appellate review on claim construction in Teva Pharm. USA, Inc. v. Sandoz, Inc. (IP Update,Vol. 18, No. 1) indicate that it is largely business as usual for the U.S. Court of Appeals for the Federal Circuit.
United States
27 Mar 2015
Contempt Charge Vacated Based On Valid Assertion Of Attorney Client Privilege
Finding that a district court had not provided procedural due process to an attorney for a sanctioned party, and that the district court abused its discretion in imposing sanctions for civil contempt against the attorney.
United States
11 Mar 2015
Duty To Defend Only Triggered Where Subject Activities Are Specified In The Policy
At the district court, the insurance company, Nationwide, sought a declaratory judgment of no duty to defend after corporate policy holders, Gum Tree and Southern Group, were sued by a competitor...
United States
11 Mar 2015
Computer-Implemented Business Transaction Claim Must Describe An "Inventive Concept" To Be Patent Eligible
The alleged inventions in BuySAFE were directed to methods and machine-readable media encoded to perform steps for guaranteeing a partyís performance of its online transaction.
United States
4 Nov 2014
The Squeaky Wheel Gets The Grease--You Wonít Get Fees If You Donít Complain Early
Plaintiff Stragent asserted four patents against Intel as part of its original complaint. Only one of the four patents was ultimately tried.
United States
6 Oct 2014
Unanimous Supreme Court: "Exceptional" Patent Cases Determined At District Courtís Discretion With Appellate Review Only For Abuse
The Supreme Court held that the prior standard used for determining whether a case is "exceptional" pursuant to 35 U.S.C. ß 285 was unduly restrictive.
United States
7 May 2014
Allegations Regarding Third-Party Beneficiary Issues And Alter-Ego Status Belong In The First-Filed Venue
Addressing an appeal of a dismissed action filed second-in-time, the U.S. Court of Appeals for the Federal Circuit affirmed a lower courtís ruling on defendantsí motion to dismiss, finding that additional, related claims for declaratory judgment added in a second-filed case did not meet the criteria for overcoming the "first-to-file" rule in an U.S. District Court for the Eastern District of Texas patent case.
United States
2 Jan 2014
$6.6 Million In Sanctions Awarded To Defendants For An "Exceptional Case" Revoked Due To Admissions And Lack Of Competing Evidence At Trial
Addressing the exceptional case standard under 35 U.S.C. ß 285, the U.S. Court of Appeals for the Federal Circuit reversed a district court's award of attorneys' fees, costs and interest to a defendant.
United States
6 Jun 2013
New Claim Construction Guts Nearly $600 Million Dollar Infringement Award
Presenting divergent opinions about whether a patentee has demonstrated a "clear and unambiguous disavowal" of claim scope through prosecution disclaimer and what constitutes "corresponding structure" in means-plus-function claims, a panel for the U.S. Court of Appeals for the Federal Circuit reversed a nearly $600 million jury award for patent infringement based on alternate constructions of two claim limitations.
United States
8 May 2013
Plaintiff's Foreign Operations Result In "Lessened" Deference To Choice Of Home Forum
The Texas plaintiff filed suit in Texas state court after learning of its competitor's competing product at a trade show in Texas.
United States
16 Apr 2013
Federal Circuit Finds New "Respect" For Patent, But Not That "Each" Of Plaintiff's Claims Are Plausible
Reversing, in part, a summary judgment ruling of non-infringement on a motion filed five months into the case based on a revised claim construction, the U.S. Court of Appeals for the Federal Circuit held that the defendant infringed multiple claims of a first patent.
United States
13 Mar 2013
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