News Archive

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 ...

Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2014-00736, PTAB Paper 37 (April 6, 2015)

The PTAB recently denied part of a Joint Motion to Seal for being ...

New York principal Daniel Levy discusses criminal and civil legal issues arising out of the art world, including cases such as as an $80 million art fraud scheme involving ...

On remand from the Supreme Court following the decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Federal Circuit reversed the district court’s ...

Following a trial that included a jury verdict of patent validity and willful infringement, the Federal Circuit dismissed the action on the grounds that the plaintiff ...

The Federal Circuit held that the district court’s construction of two of the three appealed claim terms was incorrect, and therefore it reversed the grant of summary ...

The Federal Circuit affirmed the district court’s grant of Amazon’s motion to dismiss for failure to recite patent eligible subject matter under section 101.  The ...

The Federal Circuit affirmed the judgment of the district court that the claimed methods for using cell-free fetal DNA is not patent eligible as claiming a natural ...

The Federal Circuit granted Intrra’s motion to dismiss GTNX’s appeal from the PTAB’s decision to reconsider its institution of GTNX’s “covered business ...

On appeal from the decision of the PTAB in an IPR proceeding, the Federal Circuit was asked to consider whether the Board had correctly applied the “broadest reasonable ...

In this case, the district court originally found two of the asserted system claims and three of the asserted method claims not invalid, and a jury found that Lawson infringed ...

On remand from the Supreme Court, following the Court’s decision that the Federal Circuit should give deference to a district court’s factual findings, but not to legal ...

On appeal, the Federal Circuit reversed four claim constructions provided by the district court.  First, the court held that the district court erred by construing a part of ...

The Federal Circuit affirmed the district court’s holding, on a motion to dismiss, that the claims of the patent-at-issue were not patent eligible under Section 101.  ...

The court affirmed the holding that the reissue patent-at-issue was invalid for obviousness-type double patenting.  The issue for the court to decide was whether the ...

On remand from the Supreme Court following its opinion in Teva Pharmaceuticals, the court affirmed all of the appealed claim constructions.  As to the construction for the ...

The Federal Circuit affirmed the district court’s grant of summary judgment to the government on the patentee’s claim that the PTO had erred by refusing to give any ...

The Federal Circuit remanded the district court’s finding that the case was not exceptional for the purpose of awarding attorney fees under Section 285 to the prevailing ...

A recent Bloomberg report provides an update on Canyon Ridge Resort, LLC, et al. v. Sterne, Agee & Leach, Inc. et al., a case in which McKool Smith represents the developers of ...

McKool Smith received high marks in the 2015 edition of IAM Patent 1000: The World’s Leading Patent Practitioners, which describes the firm as a “world-famous patent ...

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 ...