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.
- 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 ...
- 07.2016
This case involved two issues: (1) the correctness of the district court’s construction of the term “essentially midway” referring the location of a recess along a ...
- 07.2016
In an ANDA case, Watson contended that claim 4 of the Merck’s patent was invalid under the on sale bar of Section 102(b). The district court held that claim 4 was not invalid ...
- 07.2016
In this ANDA case involving claims directed to a hydrogel for topical treatment, the district court found the claims to be infringed under the doctrine of equivalents and ...
- 07.2016
The district court dismissed the case on the grounds that Diamond Coating lacked standing, as it had not received all of the necessary patent rights in the transaction with ...
- 07.2016
The claims at issue were directed to a method and system for taking, transmitting, and organizing digital images by assigning classification information to the images ...
- 07.2016
Aqua Products appealed the PTAB’s denial of its motion to amend its claims in the IPR proceeding on two grounds: (1) that the PTAB misinterpreted the Patent Office’s ...