News Archive

McKool Smith has been ranked as one of the nation’s leading intellectual Property (IP) litigation firms in Managing Intellectual Property’s third edition of “IP ...

In affirming the grant of summary judgment that Sukumar had not demonstrated standing to bring a false marking claim against Nautilus, the court determined the meaning of ...

In affirming the grant of summary judgment that all claims of the patent-in-suit are indefinite, the Federal Circuit held that computer-implemented means-plus-function ...

In an interference, the Patent Trial and Appeal Board concluded that one of the applicants was estopped from establishing priority because it had lost two prior ...

The Federal Circuit reversed the Commission’s decision holding that the complainant Standard had satisfied the domestic industry requirement of Section 337.  ...

The Federal Circuit affirmed the district court’s holding that reissue claims that were broader than the claims of the original patent, as construed by the court, were ...

The patent at issue claimed a “method for accessing and analyzing data on a commercially available drug to identify a new use of that drug, and then commercializing that new ...

On remand from the Supreme Court, the Federal Circuit affirmed its prior opinion that Limelight did not directly infringe the asserted method claims, holding that ...

The Federal Circuit affirmed the district court’s denial of Samsung’s post-trial motions with respect to the patent issues, but reversed on the trade dress issues.  ...

The Federal Circuit affirmed the district court’s denial of a motion for a preliminary injunction.  Here, the patents-in-suit involved new methods for using the drug ...

An attorney from the firm's Los Angeles office have been selected for inclusion in the Super Lawyers 2015 Southern California "Rising Stars" listing.

The Super ...

McKool Smith is pleased to announce that three of the firm’s principals have been selected for inclusion in the 2014-2015 edition of the Lawdragon 500 listing of ...

McKool Smith and 9 of the firm’s principals have been recognized in the 2015 edition of Chambers USA, a guide to the leading law firms and attorneys in the United States.

Akamai Techs., Inc. v. Limelight Networks, Inc., Case Nos. 2009-1372, 2009-1380, 2009-1416, and 2009-1417 (May 13, 2015); Opinion by: Linn, joined by Prost; dissent ...

JP Morgan moved to stay the patent litigation brought against it by IV based on its representation that it intended to file petitions seeking covered business method patent ...

The Federal Circuit affirmed the district court’s construction of the term “disparate databases,” which was based on the patentee’s statement in the prosecution ...

In a case involving only the issue of the amount of damages to award Astra for infringement of patents directed to Astra’s Prilosec drug, the district court, in a bench ...

The Federal Circuit affirmed the district court’s holding that defendant Sandoz had not proven obviousness by clear and convincing evidence.  The court agreed with the ...

Following the grant of summary judgment of non-infringement, defendant sought to recover its attorney’s fees under 35 U.S.C. Section 285, 28 U.S.C. Section 1928, and the ...

The Federal Circuit held that it could not hear the patentees’ challenge to the PTO’s refusal to terminate pending reexaminations because the PTO’s refusal is not a ...

The Federal Circuit affirmed the district court’s grant of summary of anticipation.  The claim at issue required a range of amounts for a particular ingredient.  The court ...

The Federal Circuit reversed the district court’s grant of summary judgment of no damages for infringement.  The district court had stricken the plaintiff’s damages ...

The Federal Circuit reversed the district court’s claim constructions and thus reversed the entry of judgment of non-infringement.  The district court had construed the ...

Previously, the Supreme Court held, in the Biosig case, that the Federal Circuit’s standard for determining indefiniteness (a claim is indefinite when it is not amenable ...

McKool Smith celebrates another trial victory this week after Judge Terrence W. Boyles of the United States District Court for the Eastern District of North Carolina ruled ...

As anticipated in the previous edition of this newsletter, the USPTO recently released details of its projected rule changes for 2015 in response to written comments. In a ...

VMware Inc. v. Good Technology Software Inc., IPR2015-00027, 00030, and 00031 PTAB Paper 11 (’027 case) (March 6, 2015) (McKool Smith represents Good Technology)

In a ...

The Federal Circuit vacated the jury’s award of $101,196,000 in damages to Warsaw and remanded for a new trial on the amount of a reasonable royalty.  Although Warsaw sought ...

The Federal Circuit reversed the district court’s grant of summary judgment of the claim phrase: “a contact hole for source wiring and gate wiring connection ...

The Federal Circuit reversed the district court’s construction of the claim phrase: “A comprises at least three carbon atoms and represents at least one component of a ...

The court made the following rulings: (1) the jury’s verdict that the ‘078 (camera) patent claims were not proven to have been obvious was supported by substantial ...

In an ANDA case, the court affirmed the district court’s holding that the reexamined method claim and product claims were invalid as being obvious over seven prior art ...

In an ANDA case, the district court held that the two patents-at-issue were valid and infringed. On appeal, the court held that: (1) the district court correctly construed ...

The court considered the question of whether a third party has the right to challenge, by way of the Administrative Procedure Act (APA), a ruling of the Patent and Trademark ...

Apotex sought a declaratory judgment that it did not infringe a patent owned but disclaimed by Daiichi.  The district court dismissed the complaint for lack of a case or ...

Austin principal Josh Budwin has been named a 2015 “Rising Star” by Law60. This annual feature recognizes the profession's top legal talent under the age of 40.  To ...

McKool Smith’s co-counsel victory in U.S. ex rel. Joshua Harman v. Trinity Industries Inc. et al  has been recognized in The National Law Journal’s recent listing of ...

Managing IP has named McKool Smith the 2015 U.S. “Patent Contentious Firm of the Year (South)” and principal Sam Baxter Texas “IP Litigator of the Year” at its eighth ...

McKool Smith is recognized in the 2015 edition of Chambers Global for having a leading intellectual property litigation practice in the United States. 

Chambers ...

The court rejected five claim constructions determined by the district court, vacated the grant of summary judgment of non-infringement, and remanded to the district ...

The Federal Circuit reversed the grant of summary judgment of non-infringement under the doctrine of patent exhaustion.  The patents-in-suit involved “systems and ...

The Federal Circuit affirmed summary judgment of non-infringement, and, in so doing, affirmed the construction of the claim term “personal identification number” as ...

The Federal Circuit held that collateral estoppel (issue preclusion) precluded Soverain’s lawsuit against Victoria’s Secret.  In a prior appeal involving Newegg ...

The Federal Circuit reversed the district court’s holding that a jury’s general verdict of non-infringement had collateral estoppel effect in a later action.  In the ...

Affirming the district court’s summary judgment of non-infringement, the agreed with the district court that the preamble of the claim-at-issue was a limitation which ...

The Federal Circuit affirmed the court’s holding that the PTO’s decision to reduce the Patent Term Adjustment (“PTA”) amount of time by 57 days under 35 U.S.C. § ...

On March 6, 2015, McKool Smith, along with co-counsel from EIP, secured three denials of institution of inter partes review for Good Technology Software, Inc.  on Good ...

McKool Smith is pleased to announce that attorneys from the firm's Austin and Houston offices have been selected for inclusion in the Super Lawyers 2015 Texas“Rising ...