News Archive

The district court stayed the entire infringement litigation—involving a total of five asserted patents—in light of the pending inter partes review of the three ...

The patent-at-issue related to multi-layer, thermoplastic stretch wrap films.  The independent claims of the patent included an element of “five identifiable inner ...

This case returned to the Federal Circuit from the Supreme Court following the Supreme Court’s decision rejecting the Seagate test for enhanced damages under Section 284 ...

The patent-at-issue relates to spinal surgery involving implanting an artificial implant between two adjacent vertebrae from a patient’s side.  The PTAB, in an IPR ...

This case involved an appeal of an ex parte reexamination of a patent that expired during the reexamination proceedings.  Here, after the examiner issued a final rejection ...

Vapor Point sued NanoVapor to add two of Vaper Point’s employees, who had previously worked at NanoVapor, as inventors on two of NanoVapor’s patents. NanoVapor ...

This case involved an appeal of an inter parte review decision in which the Board invalidated certain claims of a patent, because it found that the missing limitation in the ...

In an order granting the petition for rehearing en banc, the Federal Circuit vacated its previous panel decision in In re: Aqua Products, Inc., 823 F.3d 1369 (Fed. Cir. 2016 ...

The district court granted defendants’ motion for summary judgment of invalidity based on lack of written description, under § 112(1). It reasoned that the invention ...

In an inter partes review, the Patent Trial and Appeal Board, in addition to finding the challenged claims to be obvious, denied the patent owner’s motion to ...

On Monday, September 26, 2016, Texas House Speaker Joe Straus announced that Dallas principal Steve Wolens has been appointed to the eight-member Texas Ethics ...

McKool Smith is pleased to announce that 7 attorneys from the firm’s New York office have been selected for inclusion in the 2016 edition of New York Super Lawyers. The ...

As reported by the Delaware Business Court Insider on September 12, 2016, McKool Smith has secured another landmark decision for its client Warren Pumps LLC, this time from ...

McKool Smith is pleased to announce that 10 principals from the firm’s Austin, Dallas, and Houston offices have been selected for inclusion in the 2016 edition of ...

McKool Smith principal Sam Baxter has been awarded the Texas Lawyer 2016 “Lifetime Achievement Award” for Professional Excellence. The honor recognizes lawyers who ...

The claims-at-issue related to a method of producing a preparation of multi-cryopreserved hepatocytes that are capable of being frozen and thawed at least two times and in ...

This case involved a dispute over the meaning of the 42 U.S.C. § 262(l)(8)(A) notice provision involving companies seeking to obtain “biosimilar-product” licenses ...

This case involved product-by-process claims for a form of bivalirudin.  More than one year prior to the filing date of MedCo’s patent applications, it retained a company ...

Deca requested inter partes reexamination of Skyhawke’s patent.  The Examiner and the PTAB both agreed that Skyhawke’s patent was patentable over Deca’s prior art ...

WBIP’s patents related to marine engines for use on houseboats that produced reduced amounts of carbon monoxide exhaust.  Elevated amounts of carbon monoxide in engine ...

The Federal Circuit vacated the district court’s determination that it lacked personal jurisdiction over a Finnish defendant, Suunto.  Suunto received orders for ...

This case involved patents directed to a remote speech recognition system.  The district court construed the claims and, based on those constructions, granted Apple’s ...

The patent-at-issue involved technology in the field of oil drilling through the use of hydraulic fracturing (“fracking”).  The Federal Circuit reversed the PTAB’s ...

Illumina (one of the plaintiffs) sued Ariosa for infringement of its non-invasive prenatal diagnostic test patents, and Ariosa countersued for breach of a supply ...

The Federal Circuit affirmed the district court’s indefiniteness determination. The district court had found that the terms “symbol generator” and “CPU ...

Houston-based principal Joshua Newcomer has been recognized in Benchmark Litigation’s inaugural “Under 40 Hot List.” The new Benchmark publication honors the ...

McKool Smith principals from the Austin, Dallas, Houston, Los Angeles, Marshall, New York and Silicon Valley offices have been selected for inclusion in the 2017 edition of ...

Best Lawyers has recognized two of the firm's principals as 2017 "Lawyers of the Year" in their respective regions/practices areas. Based on peer reviews, only a single ...

McKool Smith represented Unwired Planet before the United States Court of Appeals for the Federal Circuit in an effort to convince the panel to overturn a Nevada federal ...

The Federal Circuit addressed this case following vacatur and remand from the Supreme Court for further consideration in light of Commil v. Cisco.  The issue for the Federal ...

Following the district court’s constructions for four claims terms, the parties stipulated to non-infringement, and the district court entered final judgment in favor ...

The Federal Circuit affirmed PTAB’s decisions in two IPR proceedings that found the claims of two patents to be invalid as being obvious.

Biomarin requested an IPR on ...

The Federal Circuit affirmed the PTAB’s finding in an inter partes reexamination that the claims of Allied’s patent, US 7,121,489, which is directed to heavy machinery ...

This case involved the single issue of whether, under 35 U.S.C. § 120, a continuation patent application that is filed on the same day that the underlying parent patent issues ...

Judge Newman dissents from the denial of Ethicon’s petition for rehearing en banc.  Judge Newman criticizes the PTO’s rule-making authority which, pursuant to 37 ...

Mike McKool, a founder and Chairman of McKool Smith, and firm principal Sam Baxter have been recognized as “Legends of the 500” by Lawdragon based on their inclusion in ...

McKool Smith's recent victory on behalf of Warren Pumps before New York’s highest court, the Court of Appeals, topped Law360’s listing of the "Biggest Insurance ...

Intelligent Bio-Systems filed an Inter Partes Review proceeding in the PTO seeking to invalidate Illumina’s patent as being obvious under Section 103.  Illumina’s ...

The Federal Circuit clarified the inquiry for identifying abstract ideas.   Patent claims (even if software related) that “are directed to a specific improvement to the ...

This case involved two issues: (1) the correctness of the district court’s construction of the term “essentially midway” referring the location of a recess along a ...

In an ANDA case, Watson contended that claim 4 of the Merck’s patent was invalid under the on sale bar of Section 102(b).  The district court held that claim 4 was not invalid ...

In this ANDA case involving claims directed to a hydrogel for topical treatment, the district court found the claims to be infringed under the doctrine of equivalents and ...

The district court dismissed the case on the grounds that Diamond Coating lacked standing, as it had not received all of the necessary patent rights in the transaction with ...

The claims at issue were directed to a method and system for taking, transmitting, and organizing digital images by assigning classification information to the images ...