The US Court of Appeals for the Fourth Circuit affirmed a $190 million verdict based on deceptive trade practices, concluding that the district court performed well within its discretion in making the procedural ruling and...more
The US Court of Appeals for the Federal Circuit affirmed (on its second review) a district court’s ruling upholding the validity of patent claims related to a long-acting injectable dosing regimen, finding that the...more
7/17/2025
/ Abbreviated New Drug Application (ANDA) ,
Appeals ,
Generic Drugs ,
Inventions ,
Motivation to Combine ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Pharmaceutical Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment grant based on an equitable estoppel defense, finding that the accused infringer failed to show that the patent owner’s silence or...more
The US Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment in favor of the defendants, finding that the plaintiff failed to identify a trade secret and presented no evidence of its use...more
The US Court of Appeals for the Federal Circuit vacated a district court’s grant of summary judgment of noninfringement because the district court improperly narrowed a claim term during its construction. IQRIS Technologies...more
Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board...more
3/13/2025
/ Administrative Procedure ,
Administrative Procedure Act ,
Appeals ,
Appellate Courts ,
Appointments Clause ,
Constitutional Challenges ,
Federal Rules of Civil Procedure ,
Government Agencies ,
Intellectual Property Litigation ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Separation of Powers ,
USPTO
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more
2/27/2025
/ Cross-Border ,
EU ,
France ,
Germany ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Unified Patent Court ,
United States ,
USPTO
The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission finding, explaining that small-market segments can be significant and substantial enough to support the Commission’s domestic...more
The US Court of Appeals for the Federal Circuit reversed a district court’s decision to admit expert testimony and remanded the case to a different judge, noting that “from the moment this case fell in his lap, the trial...more
2/13/2025
/ Abuse of Discretion ,
Appeals ,
Bias ,
Discovery ,
Evidence ,
Expert Testimony ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Remand