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.
- 05.05.2015
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 ...
- 05.05.2015
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 ...
- 04.22.2015
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 ...
- 04.21.2015
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 ...
- 04.21.2015
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 ...
- 04.20.2015
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 ...
- 04.20.2015
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 ...
- 04.20.2015
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 ...
- 04.20.2015
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 ...
- 04.20.2015
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 ...
- 04.20.2015
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 ...
- 04.20.2015
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 ...
- 04.20.2015
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 ...
- 04.13.2015
- 04.09.2015
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 ...
- 03.31.2015
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 ...
- 03.24.2015
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 ...
- 03.24.2015
McKool Smith is recognized in the 2015 edition of Chambers Global for having a leading intellectual property litigation practice in the United States.
Chambers ...
- 03.12.2015
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 ...
- 03.12.2015
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 ...
- 03.12.2015
The Federal Circuit affirmed summary judgment of non-infringement, and, in so doing, affirmed the construction of the claim term “personal identification number” as ...
- 03.12.2015
The Federal Circuit held that collateral estoppel (issue preclusion) precluded Soverain’s lawsuit against Victoria’s Secret. In a prior appeal involving Newegg ...
- 03.12.2015
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 ...
- 03.12.2015
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 ...
- 03.12.2015
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. § ...
- 03.11.2015
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 ...
- 03.06.2015
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 ...
- 02.26.2015
- 02.26.2015
McKool Smith principals Benjamin Levi and Robert Manley have received 2015 Client Choice Awards from the International Law Office (ILO) and Lexology.
- 02.25.2015
McKool Smith represents a group of investors in a lawsuit brought against Bank of America involving claims that the bank breached its obligations as disbursement agent on ...
- 02.16.2015
On February 4, 2015, RadioShack Corporation and various of its affiliates filed for Chapter 11 bankruptcy protection in Delaware. This follow-up alert highlights some ...
- 02.10.2015
Since inter partes review became available, the PTAB has granted only two motions to amend patent claims—once in Int’l Flavors & Fragrances Inc. v. U.S. Dept. of ...
- 02.10.2015
An important aspect of inter partes review is how the PTAB identifies real parties-in-interest for each petition. For instance, petitioners that fail to properly identify ...
- 02.10.2015
At the end of 2014, over 2000 IPR petitions had been filed, and over 100 decisions had been appealed to the Federal Circuit. So far, IPR appeals far outnumber the few dozen USPTO ...
- 02.05.2015
On February 2, 2015, the New York Stock Exchange took steps to delist RadioShack Corp., after suspending trading of its shares. RadioShack disclosed that one of its lenders ...
- 02.04.2015
The court affirmed the district court’s holding that the patented grape plants were not the subject of an invalidating public use. The plants were obtained in an ...
- 02.04.2015
The Federal Circuit affirmed the district court’s willfulness holding, finding that Gore’s lone argument that its defense of invalidity for improper inventorship ...
- 02.04.2015
The court vacated the district court’s grant of partial summary judgment to the defendant with instructions to remand to the state court because there is no subject matter ...
- 02.04.2015
The court reversed the Board’s decision affirming the rejection of claims requiring a “wireless” communication interface. The prior art disclosed a removable ...
- 02.2015
Fontainebleau D&O Settlement ($115 Million Settlement)
McKool Smith secured settlements totaling more than $115 million on behalf of a group of investment funds in ...
- 01.30.2015
McKool Smith was awarded United States “IP Firm of the Year” at the 2015 Benchmark U.S. awards. Fellow nominees included Fish & Richardson; Quinn Emanuel; Morrison ...
- 01.15.2015
New York principal Courtney Statfeld is featured in a Law360 article titled, “What Associates Need to Do to Stand Out.” In the article, Ms. Statfeld offers advice on how ...
- 01.06.2015
The district court entered judgment of obviousness where a particular claim limitation was not explicitly disclosed in the prior art combination, but was found to be ...
- 01.06.2015
The court affirmed the district court’s judgment that certain asserted claims were anticipated by the “Ethicon Prototype,” which was conceived of prior to the ...
- 01.06.2015
In Ericsson, the Federal Circuit provided district courts, experts, and practitioners with much-needed clarification as to how to instruct a jury on the issue of ...
- 01.06.2015
The four purported co-inventors of a pending patent application entered an agreement assigning their rights to their respective companies, Memorylink and Motorola. Two ...
- 01.06.2015
Amgen was an exclusive licensee to two patents for the “biological product” Enbrel. Sandoz wished to create a product of its own and would seek to apply for approval under ...
- 01.06.2015
The court affirmed the district court’s holding that the claims at issue recited patent-eligible subject matter and therefore are not invalid under § 101. Claim 19 of the ...
- 01.06.2015
The court reversed the lower court’s decision that the PTO acted arbitrarily and capriciously, and abused its discretion, when it refused to allow a patent owner to ...
- 01.06.2015
The claims of the “Tautz” patent required the combination of five components, one of which is an enzyme called Taq polymerase. The accused infringer Life Technologies ...