The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of noninfringement, concluding that the patent owner had improperly raised a claim construction issue for the first time on appeal – an...more
Since the US Patent & Trademark Office’s (PTO) decision to rescind former Director Vidal’s memo on procedures for post-grant proceedings where there is parallel district court litigation, Current Acting Director Coke Morgan...more
5/29/2025
/ Corporate Counsel ,
Director of the USPTO ,
Final Written Decisions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Stays ,
USPTO
On March 24, 2025, the US Patent & Trademark Office (PTO) released new guidance that clarifies application of the Fintiv factors when reviewing validity challenges simultaneously asserted at the Patent Trial & Appeal Board...more
4/3/2025
/ Appeals ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
New Guidance ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
USPTO
The US Court of Appeals for the Federal Circuit found that a district court misconstrued claim terms based on a misapplication of the clear and unequivocal disavowal standard and vacated its noninfringement decision. Maquet...more
4/3/2025
/ Appeals ,
CAFC ,
Claim Construction ,
Doctrine of Prosecution Disclaimer ,
Inter Partes Review (IPR) Proceeding ,
Medical Devices ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Prosecution History Estoppel ,
Vacated
On February 28, 2025, the acting director of the US Patent & Trademark Office (PTO) announced that the agency will revert to previous guidelines for discretionary denials of petitions for post-grant proceedings where there is...more
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