News Archive

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 ...

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 ...

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 ...

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 ...

The four purported co-inventors of a pending patent application entered an agreement assigning their rights to their respective companies, Memorylink and Motorola.  Two ...

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 ...

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 ...

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 ...

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 ...

The court reversed the dismissal of a trade secret misappropriation claim, because the complaint, on its face, did not make apparent that the acts were discovered, or by ...

At issue are four composition of matter claims directed to primers, which are synthetic DNA molecules, and two method claims involve comparisons between “wild-type BRCA ...

The court affirmed the district court’s claim constructions and affirmed the district court’s denial of Zimmer’s JMOL motions on the issues of non-infringement and ...

The district court awarded $10,800 in damages for infringement, which was calculated as an 8% royalty applied to the infringer’s net profits.  The court held that such use ...

The district court granted the defendants’ motion to dismiss under Rule 12(b)(6) on the ground that each claim of the asserted patents was invalid as patent-ineligible ...

The Federal Circuit upheld the jury’s verdict invalidating five claims over a prior invention, holding that the testimony of the prior inventor and the defendants’ ...

ACAMS moneylaundering.com’s “Year-in-Review” and “Year Ahead” examine 2014’s most significant events and make predictions for the year ahead.  New York ...

There are lawyers, there are good lawyers, there are super lawyers, and then there are the Best Lawyers. This year, 22 of the firm’s principals were recognized among the ...

In a year filled with scores of awards and honors, it’s hard to select the best of the best, but here’s a run down of some of the firm's 2014 accolades.

• Named "Texas Firm of the ...

With so much young talent in the firm, and so many stars, it’s almost impossible to single out one star from another. Thankfully, we don’t have to! This year, Super Lawyers

The court applied the rule that arguments that are “not appropriately developed in a party’s briefing may be deemed waived” to hold that judgment of no infringement as ...

The claim term, “support surface,” was ambiguous in the claim as to when the “slide” must be supported.  The specification resolved the ambiguity in favor of the ...

The court held that the licensor of the patent-in-suit was improperly joined as a plaintiff, because the license transferred all significant rights in the patent and the ...

Applying the Supreme Court’s more recent framework set forth in Alice Corp. v. CLS Bank Int’l, 573 U.S. __, 134 S. Ct. 2347 (2014), the court held that the claim of the ...

The court affirmed the denial of a preliminary injunction where the reissue patent claims were invalid for failing to comply with “original patent” requirement of 35 ...

In a prior proceeding, the D. Colo. construed a particular claim term that appeared in claims 1 and 19 of the ‘774 patent.  In the present action, the plaintiff asserted ...

Applying the four factor test set forth in Section 18(b) of the AIA, the court reversed the District Court’s denial of a motion to stay litigation pending the outcome of ...

The court vacated the grant of summary judgment and remanded where court conditioned the plaintiff’s amendment to Local Rule infringement contentions on payment of ...

The court affirmed the grant of the motion to dismiss patent infringement claims against Japan Airlines for the alleged infringing acts of examining electronic passports ...

Products that were manufactured, shipped and delivered outside of the U.S. were neither offered for sale nor sold in the U.S. for the purpose of proving direct infringement ...

The court reversed the District Court’s construction of the claim term “graphical display representative of a classroom” as requiring “a pictorial map,” ...

Mike McKool, a Founder and Chairman of McKool Smith, received a Lifetime Achievement Award from Texas Lawyer at the 2014 “Texas Verdicts Hall of Fame" reception held in ...

The Federal Circuit Court of Appeals’ recent decision in STC.UNM v. Intel Corp. provides important guidance regarding involuntary joinder of patent co-owners in the ...

McKool Smith represents Droplets, the holder of numerous patents related to rich Internet applications, in a litigation against several financial services defendants in ...

The Board denied petitioner’s motion to submit supplemental information containing the patent owner’s preliminary infringement contentions in underlying ...

Two recent PTAB decisions illustrate that petitioners are not entitled to IPRs based on substantially the same prior art and arguments that the petitioners raised in ...

Two recent federal district court decisions refused to admit rulings from IPR proceedings as evidence in patent infringement litigation:

1. In Interdigital ...

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In a first step for securing rare early discovery in an IPR proceeding, McKool Smith secured leave for its patent-owner client Good Technology to file a motion seeking ...

Based on the AIA’s restrictive discovery rules, the Board denied a patent owner’s request for additional discovery of potential evidence regarding whether a third ...

The Board frequently uses its rulings to instruct practitioners on proper PTAB practice. It recently explained that any objections to evidence submitted during a ...

In an IPR dealing with the rare issue of analogous prior art in an obviousness analysis, the Board held in favor of the Patent Owner that a prior art reference was not analogous ...

Two recent PTAB decisions illustrate that petitioners are not entitled to IPRs based on substantially the same prior art and arguments that the petitioners raised in ...

McKool Smith has received numerous accolades in the 2015 "Best Law Firms" rankings recently released by U.S. News - Best Lawyers. The firm received 27 “Tier 1” rankings ...

Benchmark Litigation has ranked firm Co-Founder and Chairman Mike McKool, Sam Baxter, and Douglas A. Cawley among the “Top 100 Trial Lawyers in America” in 2015.  The ...

Benchmark Litigation, the definitive guide to America's leading litigation firms and attorneys, has ranked McKool Smith as a national Tier 1 intellectual property firm in ...

After a two-day trial in Miami, Judge Cecilia M. Altonaga refused to approve a settlement that would bar litigation against directors and officers who allegedly allowed the ...

Former head of UBS AG’s global wealth management business, Raoul Weil, faces a criminal trial that may turn on the credibility of a former subordinate who says he and Weil ...

Houston Associate Joshua Newcomer has been selected for inclusion in the Houston Business Journal’s (HBJ) 2014 top “40 Under 40” class. A combination of ...

On September 25, Attorney General Eric Holder announced his resignation after service of nearly six years.

In commenting on Holder's legacy, New York principal Daniel Levy ...

McKool Smith is pleased to announce that attorneys from the firm’s New York office have been selected for inclusion in the 2014 edition of New York Super Lawyers. The ...