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.
- 10.21.2016
To better understand how PAE behavior compares with the behavior of other firms that assert patents, the FTC conducted a case study focused on litigation and licensing ...
- 10.21.2016
The study “recognizes that infringement litigation plays an important role in protecting patent rights, and that a robust judicial system promotes respect for the ...
- 10.21.2016
The study provides empirical evidence confirming that only a very limited subset of PAEs (i.e. certain Litigation PAEs) engage in what has been deemed by some observers and ...
- 10.13.2016
The Federal Circuit affirmed the district court’s grant of summary judgment that Electric Power’s claims are invalid under Section 101 for being directed to patent ...
- 10.13.2016
The Federal Circuit affirmed the district court’s denial of GPNE’s post-trial motions following the jury’s verdict of non-infringement. The patents-at-issue are ...
- 10.13.2016
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 ...
- Markush Group Claim Element Was Closed To Non-Listed Resins, But Covered Blends Of The Listed Resins10.13.2016
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 ...
- 10.13.2016
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 ...
- 10.13.2016
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 ...
- 10.13.2016
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 ...
- 10.13.2016
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 ...
- 10.13.2016
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 ...
- 10.13.2016
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 ...
- 10.13.2016
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 ...
- 10.13.2016
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 ...
- 09.29.2016
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 ...
- 09.21.2016
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 ...
- 09.19.2016
- 09.14.2016
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 ...
- 09.06.2016
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 ...
- 09.01.2016
McKool Smith principal Sam Baxter has been awarded the Texas Lawyer 2016 “Lifetime Achievement Award” for Professional Excellence. The honor recognizes lawyers who ...
- 08.31.2016
- 08.31.2016
- 08.31.2016
- 08.26.2016
- 08.25.2016
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 ...
- 08.25.2016
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 ...
- 08.25.2016
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 ...
- 08.25.2016
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 ...
- 08.25.2016
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 ...
- 08.25.2016
The Federal Circuit vacated the district court’s determination that it lacked personal jurisdiction over a Finnish defendant, Suunto. Suunto received orders for ...
- 08.25.2016
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 ...
- 08.25.2016
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 ...
- 08.25.2016
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 ...
- 08.25.2016
The Federal Circuit affirmed the district court’s indefiniteness determination. The district court had found that the terms “symbol generator” and “CPU ...
- 08.23.2016
Houston-based principal Joshua Newcomer has been recognized in Benchmark Litigation’s inaugural “Under 40 Hot List.” The new Benchmark publication honors the ...
- John Campbell serves as Panelist for "Inducement and Indirect Infringement: A Muddle After Nuvasive?" for the Intellectual Property Owners Association Webinar08.16.2016
- 08.15.2016
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 ...
- 08.15.2016
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 ...
- 08.09.2016
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 ...
- 08.02.2016
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 ...
- 08.02.2016
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 ...
- 08.02.2016
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 ...
- 08.02.2016
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 ...
- 08.02.2016
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 ...
- 08.02.2016
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 ...
- 07.25.2016
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 ...
- 07.20.2016
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 ...
- 07.2016
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 ...
- 07.2016
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 ...