News Archive

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 ...

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 ...

This case involved claims by the State of Vermont under its Consumer Protection Act against a non-practicing entity for sending allegedly deceptive demand letters.  The ...

In a design patent infringement case, the court reversed the district court’s denial of the plaintiff’s motion for a new trial on the issue of damages and affirmed the ...

Apple instituted an IPR proceeding challenging the validity of Achates’ patents.  Achates contended to the PTAB that it should not institute the IPR, because, under 35 ...

Houstonia magazine has included Christopher Johnson among its annual list of “Top Lawyers.”  The list includes leading attorneys practicing in areas such as ...

Mike McKool, a founder and Chairman of McKool Smith, was recently awarded the Texas Lawyer 2015 “Lifetime Achievement Award” for Professional Excellence during a ...

McKool Smith’s securities litigation practice has been named recognized by The National Law Journal in the publication's annual feature on “Elite Trial Lawyers." The ...

McKool Smith has received numerous accolades in the 2016 "Best Law Firms" rankings recently released by U.S. News - Best Lawyers. The firm received 27 “Tier 1” ...

McKool Smith has been recognized as one of the country’s “Most Feared Plaintiffs Firms” by Law360, who noted that the firm has “raked in nearly $1 billion in verdicts ...

McKool Smith principal Steve Wolens was highlighted in a recent Bloomberg report that discussed the current state of hotel tax litigation involving Online Travel ...

McKool Smith and its white collar defense practice were awarded at The American Lawyer 2015 Global Legal Awards. The firm was named an honoree in the “Global Dispute of ...

McKool Smith is pleased to announce that attorneys from the firm’s New York office have been selected for inclusion in the 2015 edition of New York Super Lawyers. The ...

McKool Smith principal Douglas A. Cawley has been named a 2015 “Trial Ace” by Law360. The special feature recognizes the nation’s top 50 trial lawyers, which Law360

The Federal Circuit affirmed the jury’s verdicts of infringement, no invalidity for anticipation and the rejection of the laches defense, awarding damages for chips ...

Following a bench trial, the district court held that Allergan’s glaucoma drug patent was not invalid as being obvious and that it did not violate the written description ...

In a case involving both utility and design patents, the court reversed the district court’s finding of indefiniteness and grant of summary judgment of non-infringement ...

The issue decided by the en banc court was whether Section 337, which referred to “articles that infringe” and which applies to “unfair trade acts,” permitted the ...

The court vacated and remanded the decision of the Board of Patent Appeals and Interferences in an ex parte reexamination affirming the rejection of claims as being ...

The Federal Circuit addressed three issues in this case.  First, it held that Keranos, who had licensed the patents-in-suit from their owner after the patents had expired ...

In response to the Supreme Court’s guidance that the Federal Circuit may have erred by too narrowly circumscribing the scope of § 271(a) with respect to the issue of divided ...

The Federal Circuit affirmed the grant of summary judgment of no inducing or contributory infringement by Nero for supplying software to end users who used the software to ...

The court affirmed the district court’s grant of JMOL in favor of Plaintiff on Google’s breach of contract counterclaim.  Plaintiff had developed its patented ...

The court reversed the district court’s denial of Emerson’s JMOL motion regarding the jury’s verdict that the asserted claims of ABT’s patent were not obvious in ...

The applicant had pending numerous applications claiming priority to one or more of numerous applications.  In all, there were 45,000 independent claims and 115,000 total ...

The court reversed the district court’s claim construction for the term “frangible section” and remanded for further findings relating to infringement.  The ...

Applying the pre-Nautilus standard for determining claim indefiniteness, the district court held that the claim term “slope of a strain hardening coefficient greater ...

Mike McKool, a founder and Chairman of McKool Smith, is profiled in Law360’s special “Trial Aces” feature, which recognizes the Top 50 trial lawyers in the country ...

McKool Smith principal Sam Baxter has been named a 2015 “Trial Ace” by Law360. This annual feature recognizes the nation’s top 50 trial lawyers, which Law360

McKool Smith principals from the Austin, Dallas, Houston, Los Angeles, New York and Silicon Valley offices have been selected for inclusion in the 2016 edition of “Best ...

Best Lawyers has recognized Sam Baxter as a 2016 "Lawyer of the Year" in his respective regions/practices areas. Based on peer reviews, only a single lawyer in each practice ...

McKool Smith’s successes have once again earned The Legal 500’s recognition as a top tier U.S. firm for patent litigation.  According to the directory, McKool Smith’s ...

The Federal Circuit affirmed the grant of summary judgment that the patent infringement claims brought by SpeedTrack accusing infringement by four Oracle customers for ...

The Federal Circuit reversed the district court’s finding that the patent owner had not commercially offered the claimed pharmaceutical invention for sale before the ...

The Federal Circuit reversed the jury’s award of $93,400,000 in lost profit damages where the infringement was determined under 35 U.S.C. §271(f)(2).  Under Section ...

The patent owner appealed the decisions of the district court rejecting the patent owner’s arguments that the PTO erred in calculating its patent term extension.  ...

The Federal Circuit affirmed the district court’s holding that two of the asserted patents were invalid under §101 as claiming patent ineligible subject matter and ...

The Federal Circuit affirmed the district court’s decision to dismiss the action for lack of personal jurisdiction.  The defendant is a South Korean company who ...

In a 6-5 decision, the en banc panel of the Federal Circuit denied Cuozzo’s petition for an en banc rehearing of the panel decision holding that the PTO did not err by applying ...

In an appeal from a final written decision of a “covered business method patent” review under Section 18 of the AIA holding the patent-at-issue invalid as claiming ...

In this companion case to the Versata appeal of the PTAB decision on the covered business method patent review which ultimately held the patent invalid under Section 101 for ...

The Federal Circuit affirmed the district court’s denial of defendant Newegg’s motion for attorney fees under Section 285.  Before the district court, plaintiff SFA ...

The Federal Circuit reversed the decision of the PTAB holding that, in an inter partes reexamination proceeding, it lacked jurisdiction to hear Airbus’s cross-appeal of ...

In a case involving the interpretation of the Biologics Price Competition and Innovation Act involving the procedures for seeking FDA approval of biosimilar drugs, the ...

On a petition for writ of mandamus, the court remanded for further proceedings.  The district court had granted a motion to modify a protective order to permit documents that ...

The Federal Circuit reversed the district court’s grant of judgment as a matter of law following a jury verdict that the patent claims at issue were not invalid as being ...

Apple, Inc. v. ContentGuard Holdings Inc., CBM2015-00046, PTAB Paper 12 (June 3, 2015)

In a recent holding, the Board conducted a thorough covered business method (CBM ...

Microsoft Corp. v. Proxyconn Inc., 2014-1542, -1543, 2015 U.S. App. LEXIS 10081 (Fed. Cir. June 16, 2015)

On June 16, 2015, the Federal Circuit issued the first reversal of a ...