Searching Content by Margaret Duncan from McDermott Will & Emery ordered by Published Date Descending.
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En Banc Federal Circuit: § 145 Appellants Do Not Have To Pay (Attorneys' Fees) To Play
The en banc US Court of Appeals for the Federal Circuit held that a dissatisfied patent applicant that chooses to appeal from a decision of the Patent Trial and Appeal Board rejecting claims...
United States
4 Sep 2018
No Equitable Defense Of Laches In Patent Law
Justice Breyer reviewed 150 years of case law and found an almost uniform practice of applying laches to patent claims despite a damages limitation period.
United States
2 May 2017
Indirect Patent Infringement Can Be Based On Willful Blindness And Circumstantial Evidence
In a case remanded by the Supreme Court of the United States "for further consideration in light of Commil", the US Court of Appeals for the Federal Circuit reinstated its prior decision of indirect infringement in all respects.
United States
27 Jul 2016
Good Faith Belief In Invalidity No Defense To Active Inducement
The U.S. Supreme Court (Justice Kennedy writing for the majority) has now eliminated a defense that has been available to parties accused of actively inducing patent infringement under 35 USC § 271(b).
United States
29 May 2015
Supreme Court On Evaluation Of Claims To Computer-Implemented Inventions Under 35 U.S.C. § 101
The Supreme Court confirmed that computer-implemented inventions, such as computer software, remain eligible subject matter for patent protection in the U.S.
United States
24 Jun 2014
Dispositive Motions in Patent Cases - Strategies And Considerations
Your company has been served with a complaint alleging patent infringement against your flagship product. Your lawyers have given you the sobering news that defending the case through trial likely will cost millions of dollars, and even if you win you may never recoup that expense from the plaintiff.
United States
13 May 2004
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