Our lawyers are thought leaders who stay at the forefront of legal and business news, routinely offering insights on important developments in the media. Because high-profile litigation can often be the subject of extensive news coverage, our familiarity and experience with the media is a valuable asset to our clients.
- 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; ...
- 01.29.2016
McKool Smith principal Sam Baxter has been recognized as an “Icon of IP” by Law360. According to Law360, the publication’s IP Icon series honors “individuals who ...
- 01.28.2016
McKool Smith principal Pierre Hubert discusses the changing climate of the PTAB forum and the recent drop in institutional decisions of inter partes review petitions in a ...
- 01.06.2016
On remand from the Supreme Court to determine the correct construction of the claim term “virtual machine” in light of Teva Pharm. USA, Inc. v. Sandoz, Inc., 135 U.S. 831 ...
- 01.06.2016
The patent owner MCM appealed the PTAB’s holding in an inter partes review proceeding that the claims of the patent were invalid as being obvious on three grounds. First ...
- 01.06.2016
This is an appeal from a bench trial on the sole issue of damages for a patent covering a standard in the wireless communications field that is practiced on chips that are used in ...
- 01.06.2016
The court affirmed the PTAB’s construction of three claim terms in an IPR proceeding under the broadest reasonable interpretation standard, and, under those ...
- 01.06.2016
The Federal Circuit affirmed the district court’s construction for the claim term “mobile device” to exclude devices that contain “computer modules.” ...
- 01.06.2016
The court affirmed the PTAB’s finding that SightSound’s patents were invalid as being obvious in connection with Apple’s requested Covered Business Method (CBM ...
- 01.06.2016
The court affirmed the PTAB’s finding that Merck’s claims were obvious over the prior art. The court, applying the substantial evidence standard of review to the ...
- 01.06.2016
In a companion case to Merck v. Gnosis, decided on the same day, South Alabama makes essentially the same arguments why the PTAB erred by finding that the claims at issue would ...
- 01.06.2016
The court reversed the finding of anticipation, because the patent examiner misapplied the “printed matter doctrine.” Under the doctrine, if a claim limitation ...
- 01.06.2016
On remand from the Supreme Court (which held that a defendant’s belief that a patent is invalid is not a defense to induced infringement), the court addressed Cisco’s ...
- 01.06.2016
The court affirmed the district court’s denial of Redline’s motion to submit four new exhibits—an expert declaration, CV, and two pieces of prior art—that was ...
- 12.30.2015
In an IPR proceeding brought by Berk-Tek, the PTAB held that asserted claims 1-4 were invalid as being obvious and held that the validity of claims 5-6 would be confirmed. On ...
- 12.30.2015
This case involved claims against two defendants, Teva and Amphastar. The patent claims at issue involved a method for “quality control release testing” of an ...
- 12.30.2015
The court affirmed the grant of summary judgment of non-infringement. On appeal, the patentee, Imaginal, argued that the district court erred in construing the term ...
- 12.30.2015
The patent at issue related to a method for treating certain female patients having a certain type of irritable bowel syndrome. The court affirmed the district court’s ...
- 12.30.2015
The claim at issue related to a container packing system which required that a certain piston-and-cylinder unit be connected to the “proximate end” of the base and ...
- 12.30.2015
The district court held that the claims of four of Cubist’s patents were invalid as being obvious and held that the claims of the fifth of Cubist’s patents were not invalid ...
- 12.30.2015
In an inter partes reexamination proceeding, the patentee amended its claims to add a negative limitation: “the chip selects . . . are DDR chip selects that are not CAS, RAS ...
- 12.30.2015
Following the en banc court’s reversal of the JMOL finding no infringement, the court resolved all residual issues in the appeal and cross-appeal in this opinion. Three ...
- 12.30.2015
The court vacated and remanded the PTAB’s finding that the petitioner Ariosa failed to prove that the patent claims at issue were obvious. Specifically, the PTAB held that ...
- 12.30.2015
The court remanded the PTAB’s finding that the claims at issue were anticipated and obvious when using a claim construction that the court found was erroneous. Applying ...
- 12.21.2015
In an ANDA case, the court affirmed the district court’s grant of summary judgment that claims 1-2 of the patent-in-suit were invalid as being obvious and that claims 5-9 ...
- 12.21.2015
The patent applicants sought to “swear behind” (37 CFR § 1.131) a certain prior art reference using affidavits and documents. The PTAB held that the applicants had not ...
- 12.21.2015
This case involves Dr. Shukh, who sued his former employer Seagate to correct the identity of the inventors under 35 U.S.C. § 256 by adding his name as an inventor on six patents ...
- 12.21.2015
The PTAB held that a prior art reference was enabled and therefore it anticipated the claims at issue. On appeal, Morsa argued that the PTAB’s reliance on statements in the ...
- 12.21.2015
This case turned entirely on the construction of terms in asserted claim 21. The district court granted Medtronic’s motion for summary judgment of non-infringement of ...
- 12.21.2015
In a companion case to Atlas IP, LLC v. Medtronic, Inc., Atlas appealed the district court’s grant of summary judgment of non-infringement to Medtronic. Atlas contended ...
- 12.21.2015
The Federal Circuit held that a global settlement of all issues in a case, including mutual release which was joined by the attorneys, divested the court of jurisdiction of an ...
In a year filled with scores of awards and honors, it’s hard to select the best of the best, but here’s a run down of some of the firm's 2015 accolades:
With so much young talent in the firm, and so many stars, it’s almost impossible to single out one star from another. Thankfully, we don’t have to! This year, Super ...
McKool Smith, one of America’s leading trial firms, has announced that veteran intellectual property litigator, William “Bill” LaFuze, has joined the firm as a ...
- 11.11.2015
The court affirmed the district court’s holding that the PTO correctly found claim 1 of the patent-in-suit obvious in an ex parte reexamination. The patentee Dome argued ...
- 11.11.2015
The court affirmed the district court’s holding that all claims of the asserted patent were indefinite under Section 112(2), because the term “compliance ...
- 11.11.2015
The court affirmed the decision of the PTAB in an inter partes review not to reject claims of the patent-at-issue as anticipated by the Raymond patent, because the ...
- 11.11.2015
The court reversed the district court’s grant of summary judgment of obviousness. On appeal, the court considered the declarations submitted by the patentee in ...
- 11.11.2015
The court vacated the district court’s decision to deny Apple’s motion for a permanent injunction and remanded. The jury found that Samsung infringed three Apple ...
- 11.11.2015
The court affirmed the district court’s holding that new claims obtained in a reexamination were not substantially identical to the original claims. The court found that ...
- 11.11.2015
The technology at issue was systems used to scan airline passenger boarding passes. The patentee sued three contractors in the Maryland district court for inducing or ...
- Laches Re-Affirmed as a Defense to Patent Infringement that Precludes Recovery of Pre-Filing Damages11.11.2015
In an en banc opinion, the court held that laches remains a defense to legal relief in a patent infringement lawsuit, i.e., precluding pre-filing damages; that laches could ...
- 11.11.2015
The court affirmed the jury’s verdict of infringement, no invalidity, and an award of $15 million in “lump sum” damages. First, the court affirmed the district ...
- 11.11.2015
In a Hatch-Waxman ANDA infringement case, the court affirmed the grant of summary judgment of no invalidity and the denial of defendants’ motion to amend it invalidity ...