Blake Wong

Blake Wong

McDermott Will & Emery

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Settlement Agreement Precludes Consideration of Order Criticizing Attorney Conduct - Tesco Corp. v. Nat’l Oilwell Varco, L.P.

Addressing for the first time the effect of a settlement agreement on an appeal from an order criticizing two attorneys’ conduct, the U.S. Court of Appeals for the Federal Circuit concluded that the intervening settlement...more

12/4/2015 - Attorney Misconduct Bad Faith Jurisdiction Reputational Injury Sanctions Settlement Agreements

Fact-Intensive Reasonable Royalty Analysis Need Not Be Peer Reviewed or Published to Be Admissible - Summit 6, LLC v. Samsung...

Addressing the admissibility of expert testimony on damages issues, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s admission of expert testimony based on a fact-intensive analysis that was not...more

11/4/2015 - Abuse of Discretion Admissibility Calculation of Damages Daubert Standards Expert Testimony Jury Trial Patent Infringement Patent Litigation Patent Royalties Patents Peer Review Samsung Surveys

An Evaluation of Secondary Meaning Can Consider Both Parties’ Use of the Mark - Test Masters Educ. Servs., Inc. v. Robin Singh...

Addressing when a descriptive mark acquires a secondary meaning, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court, determining that neither party is entitled to a federal registration of the...more

10/8/2015 - Descriptive Trademarks Intellectual Property Protection Trademark Litigation Trademark Registration Trademarks

Standing Requires the Transfer of All Substantial Rights, Regardless of Whether a Patent Is Expired - Keranos, LLC v. Silicon...

Addressing whether an exclusive licensee of an expired patent had standing to sue for patent infringement, the U.S. Court of Appeals for the Federal Circuit confirmed that a licensee has standing when it holds all substantial...more

10/5/2015 - License Agreements Licensees Patent Expiration Patent Infringement Patent Litigation Patents Standing

No Lost Profits for Extraterritorial Lost Contracts - WesternGeco L.L.C. v. ION Geophysical Corp.

Addressing whether a patentee could recover lost profits for foreign uses of a product manufactured domestically, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s lost profits award, holding...more

8/31/2015 - Damages Exports Extraterritoriality Rules Lost Profits Patent Infringement Patent Litigation Patent Ownership Patents

Covered Business Patents Jurisdiction Continues to Develop - Apple Inc. v. Smartflash LLC

In three parallel decisions, the Patent Trial and Appeal Board (PTAB or Board) determined that patents directed to validating payment and then granting access to data were eligible for covered business method (CBM) review and...more

8/6/2015 - Apple CLS Bank v Alice Corp Covered Business Method Proceedings Patent Infringement Patent Invalidity Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents SCOTUS

CBM that Recites Scanning Receipts, Encrypting the Data and Transmitting Not Patent-Eligible - Fidelity Nat’l Info. Servs., Inc....

Addressing the subject-matter eligibility of a business-method patent for scanning receipts, encrypting the data, and then transmitting it to a cloud server, the Patent Trial and Appeal Board (PTAB or Board) concluded that...more

7/7/2015 - Cloud Computing CLS Bank v Alice Corp Covered Business Method Patents Patent Trial and Appeal Board Patents

“A Hole” Can Refer to Multiple Holes - Eidos Display, LLC v. AU Optronics Corp.

Addressing indefiniteness in a post-Nautilus world, the U.S. Court of Appeals for the Federal Circuit concluded that the claim limitation “a contact hole” could refer to multiple, separate contact holes and was not indefinite...more

5/4/2015 - Appeals AU Optronics Corp Indefiniteness Patent Infringement Patents

Tangible Claim Elements Failed to Save Abstract Business-Method Patent - Dell Inc. v. Disposition Servs. LLC

Further clarifying its views on subject-matter eligibility, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) determined that a patent describing the disposal of obsolete assets—for example,...more

3/6/2015 - Dell Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents

Solving Problems Unique to the Internet May Be Patent-Eligible - DDR Holdings, LLC, v. Hotels.com, L.P.

In another decision sculpting the contours of what is patent-eligible subject matter under 35 U.S.C. § 101, the U.S. Court of Appeals for the Federal Circuit determined that an invention that combined one webpage with a...more

2/4/2015 - Appeals CLS Bank v Alice Corp DDR Holdings v Hotels.com Internet Patent Litigation Patent-Eligible Subject Matter Patents Websites

Ineligible Subject Matter in One Court Is Still Ineligible in Another

DietGoal Innovations LLC v. Chipotle Mexican Grill, Inc. - Addressing the issue of whether the court was bound by another court’s holding that a patent was invalid for being directed to patent-ineligible subject...more

12/1/2014 - Chipotle Grill Collateral Estoppel Patent Litigation Patent-Eligible Subject Matter Patents Summary Judgment Validity

Method Implemented on Generic Computers Is Not Patent Eligible, but Method for Processing Paper Checks Is

Salesforce.com, Inc. v. Virtualagility, Inc. and U.S. Bancorp v. Solutrain, Inc. - In a pair of covered business method (CBM) decisions, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or...more

11/12/2014 - Computer-Related Inventions Covered Business Method Patents Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Popular Salesforce

Patent Owner Cannot Assert a Claim That Is Missing a Material Limitation

H-W Tech., L.C. v. Overstock.com, Inc. - Addressing an attempt by a patent owner to assert a patent claim that was missing a material limitation, the U.S. Court of Appeals for the Federal Circuit affirmed a summary...more

9/3/2014 - Appeals Overstock.com Patent Litigation Patents USPTO

Inferring Trade Secret "Use" Based on the Potential for Harm

Aspen Tech., Inc. v. M3 Tech., Inc. - Addressing the question of what constitutes “use” of a trade secret absent direct evidence, the U.S. Court of Appeals for the Fifth Circuit upheld the jury’s finding of...more

7/11/2014 - Appeals Misappropriation Trade Secrets

Data-Encryption Is Patent Eligible Despite Not Being Tied to a Particular Machine - TQP Development, LLC v. Intuit Inc.

Addressing an argument that a data-encryption patent was directed to non-eligible subject matter because it covered an abstract idea divorced from a particular machine, Judge William Bryson, sitting by designation in the U.S....more

4/8/2014 - Data Protection Encryption Patent-Eligible Subject Matter Patents

IP Update, Vol. 16, No. 9, September 2013

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

10/1/2013 - Claim Construction Copyright Expert Testimony Fair Use Governmental Immunity Governmental Liability Infringement Inter Partes Reexamination ITC Jurisdiction Obviousness Patent Term Adjustment Patents Preliminary Injunctions Registration SCOTUS Sovereign Immunity Theft Trade Secrets Trademarks USPTO Work-For-Hire

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

6/27/2013 - Abuse of Discretion AMP v Myriad Burden of Proof Copyright Damages DNA False Advertising First Amendment Human Genes Infringement Lanham Act Myriad Oprah Winfrey Patent Terms Patent-Eligible Subject Matter Patents Permanent Injunctions SCOTUS Time Warner Trade Secrets Trademarks USPTO Willful Infringement

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