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- 04.28.2016
The patentee petitioned the Federal Circuit to withdraw the district court’s order compelling it to produce communications between it and its patent agent. In a case of ...
- 04.28.2016
In an interference proceeding, Bamberg copied Dalvey’s claims to invoke the interference. The claims involved the method of transferring printed images onto dark ...
- 04.28.2016
The claims at issue in this patent application were directed to a method of conducting a wagering game using a standard deck of cards that are shuffled and dealt. The Federal ...
- 04.28.2016
This is an appeal from inter partes reexamination proceeding involving two patents on methods and systems for performing statistical analyses of investment data. As to the ...
- 04.28.2016
Halo is a Hong Kong private company that owns certain U.S. design patents and copyrights on its furniture designs. Comptoir is a Canadian company that manufactures ...
- 04.28.2016
In this inter partes review, the PTAB confirmed the validity of certain claims but held two other claims to be invalid. The court affirmed the finding that certain claims were ...
- 04.28.2016
Acorda owns patents on its branded drugs. Mylan seeks to manufacture and sell a generic version of Acorda’s drug. Mylan filed an ANDA request with the FDA to sell its generic ...
- 04.28.2016
The court affirmed the PTAB’s holding in an ex parte reexamination that six claims added during reexamination were not patentable for being obvious over the prior art. The ...
- 04.28.2016
The Federal Circuit affirmed the district court’s summary judgment of non-infringement. The patents-in-suit involved vacuum toilets used in commercial aircraft that ...
- 04.28.2016
In an IPR proceeding brought by Shaw, the PTAB instituted the IPR based on certain grounds, but refused to institute the IPR on other grounds, because such grounds were ...
- 04.28.2016
The Federal Circuit affirmed the district court’s grant of summary judgment of non-infringement. The patent-at-issue involved the external appearance of a pickup ...
- 04.25.2016
McKool Smith’s $32 million jury verdict on behalf of the developers of Canyon Ridge Resort has been recognized in The National Law Journal’s listing of the “Top 100 ...
- 04.2016
Starting May 2, 2016, patent owners may choose to include “new testimonial evidence” in the preliminary response of an IPR. 81 Fed. Reg. 18,750, 18,766 (April 1, 2016 ...
- 04.2016
Effective May 2, 2016, patents expiring within 18 months of the filing of the petition may use a Philips-type claim construction, rather than broadest reasonable ...
- 04.2016
New PTAB rule changes go into effect on May 2, 2016. 81 Fed. Reg. 18,750 (April 1, 2016). This marks the second round of changes since the PTO started soliciting feedback on PTAB ...
- 04.01.2016
In an ANDA case, the district court held that four patents directed to the reformulated version of the pain reliever OxyContin were invalid as being anticipated by or obvious ...
- 04.01.2016
Based on the district court’s constructions for three claims terms, the parties stipulated to non-infringement. On appeal, the district court affirmed the ...
- 04.01.2016
In an IPR proceeding, the PTAB made a final finding that the petitioner Trivascular had failed to meet its burden of proving the claims at issue (directed to inflatable ...
- 04.01.2016
TriReme received an exclusive license from Dr. Lotan to three patents owned by Angioscore for which Dr. Lotan claims to have been a joint inventor. Angioscore contends that ...
- 04.01.2016
Rosebud sued Adobe for infringing Rosebud’s ’280 patent. Adobe moved for summary judgment on the grounds that it ceased making and selling the accused product before ...
- 04.01.2016
Rosebud sued Adobe for infringing Rosebud’s ’280 patent. Adobe moved for summary judgment on the grounds that it ceased making and selling the accused product before ...
- 04.01.2016
This case involved claim construction issues with respect to the grant of summary judgment on non-infringement to Seagate and Compaq on different grounds.
First, the ...
- 04.01.2016
This case presents three issues: (1) whether there was corroborating evidence of a prior public use by the accused infringer Transweb; (2) whether 3M committed inequitable ...
- 04.01.2016
In this IPR proceeding brought by Synopsys challenging claims of Mentor’s patent, the PTAB held that the IPR itself was not time-barred due to Synopsys acquiring a company ...
- 04.01.2016
Synopsis challenged the PTO’s regulation that allows the PTAB to institute IPRs on all or some of the challenged claims and the PTO’s practice of issuing final decisions ...
- 04.01.2016
In this IPR proceeding brought by Adidas, Nike filed a motion to amend by cancelling claims 1-46 and proposing substitute claims 47-50. The PTAB granted Nike’s motion to ...
- 04.01.2016
This case involved printer cartridges sold in the U.S. by Lexmark with the explicit restriction that they were for single use only and could only be returned to Lexmark and ...
- 04.01.2016
The court affirmed the district court’s grant of summary judgment that Mr. Lismont’s request to correct the inventorship on Binzel’s patent was precluded under the ...
- 04.01.2016
The Federal Circuit reversed and remanded the decision of the PTAB finding the asserted claims to be obvious due to the PTAB’s erroneous construction for the term ...
- 04.01.2016
The Federal Circuit held that the PTAB had correctly given the claim terms “continuity member” and “shaped to fit” their broadest reasonable interpretation, but ...
- 04.01.2016
Nuance, the patent owner, appeals two issues. First, Nuance contends that the district court erred in construing the claim term “identifying” to have its plain and ...
- 04.01.2016
In an inter partes reexamination involving a patent on paper shredders, the examiner found the claimed shredder to have been obvious. The shredder included two sensors, a ...
- 04.01.2016
This appeal involved five patents asserted by Apple and two patents asserted by Samsung.
On Apple’s ’647 patent, which involved a system for recognizing structures in ...
- 04.01.2016
The claims at issue relate to a two-way interactive communication network system for enabling communications between local subscribers and a base station. The claims ...
- 04.01.2016
The court addressed two issues on Liown’s appeal of the grant of a preliminary injunction to Luminara. First, Liown contended that Luminara lacked standing to bring the ...
- 04.01.2016
The court addressed two issues on Liown’s appeal of the grant of a preliminary injunction to Luminara. First, Liown contended that Luminara lacked standing to bring the ...
- 03.23.2016
McKool Smith is pleased to announce that attorneys from the firm's Austin, Dallas, and Houston offices have been selected for inclusion in the Super Lawyers 2016 Texas ...
- 03.17.2016
Managing IP has named McKool Smith the 2016 U.S. “Patent Contentious Firm of the Year (South)” at its eighth annual North America Awards. The awards ceremony and dinner ...
- 03.14.2016
McKool Smith is one of only 12 law firms in the country to be featured in The National Law Journal’s listing of the top plaintiff practices/firms in the country. In its ...
- 03.09.2016
The court affirmed the PTO’s finding that claims of a pending patent application are unpatentable due to obviousness over the combination of a reference to Gross in view of ...
- 03.09.2016
Covidien petitioned the PTO for an inter partes review of Ethicon’s patent. The Patent Trial and Appeals Board (PTAB) instituted the IPR and then, following the trial ...
- 03.09.2016
The district court did not err in refusing to strike a Section 101 patent eligibility defense or in granting summary judgment under Section 101 holding patent claims on ...
- 03.09.2016
The district court held the patent-in-suit to be patent ineligible under Section 101. It further found that the case was exceptional under Section 285 because, even under ...
- 03.09.2016
This appeal involves the amount of a patent term adjustment awarded to Pfizer. Pfizer filed the lawsuit seeking to reverse the PTO’s amount of the adjustment and to add back ...
- 03.09.2016
Akzo appealed the district court’s grant of summary judgment of non-infringement, both literally and under the doctrine of equivalents and Dow cross-appealed the ...
- 03.09.2016
The jury’s verdict of non-infringement in this case turned on the meaning of two claim terms: “independent storage unit” and “in files.” The Federal Circuit held ...
- 03.09.2016
This case involves an appeal to the Federal Circuit of the PTO’s decision in an inter partes reexamination. The third party requesting the inter partes reexamination was ...
- 02.29.2016
McKool Smith has been recognized by Law360 as one of five “Go-To” trial firms in the country in a report published on February 26, 2016. In the report, Law360 notes that ...
- 02.25.2016
A California state judge recently ruled that a jury should hear Quincy Jones' $10 million lawsuit against Sony Music Entertainment and Michael Jackson's production ...
- 02.12.2016
McKool Smith was awarded United States “IP Firm of the Year” at the 2016 Benchmark U.S. awards for the second year in a row. Fellow nominees included Fish & Richardson; ...