Gregory Yoder

Gregory Yoder

McDermott Will & Emery

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Motions to Amend Hard to Come By

Zodiac Pool Systems, Inc. v. Aqua Products, Inc. - In a Final Written Decision the Patent Trial and Appeal Board (PTAB) found all instituted claims unpatentable and denied patent owner’s motion to amend claims. Zodiac...more

10/20/2014 - Inter Partes Review Proceedings Motion to Amend Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Court Weighs in on Deadline for Filing FTC Refund Claims

On September 19, 2014, the U.S. Court of Federal Claims issued its opinion in Albemarle Corp. v. United States, No. 12-184T, holding that it lacked jurisdiction over the taxpayer’s claim for refunds based on foreign tax...more

10/15/2014 - Court of Federal Claims Foreign Taxpayers IRC IRS Jurisdiction Statute of Limitations Tax Credits Tax Refunds

Failure of Appellant to Appeal Damages Award Precludes District Court to Reconsider Damages After Partial Reversal

Retractable Techs., Inc. v. Becton, Dickinson, and Co. - The U.S. Court of Appeals for the Federal Circuit affirmed a district court’s denial of a motion to modify a damages award following the partially successful...more

9/3/2014 - Damages Jury Awards Medical Devices Patent Infringement Patent Litigation Patents

Inter Partes Review Still Difficult for Patent Owners

EcoWater Systems LLC v. Culligan International Co. - In a final written decision, the Patent Trial and Appeal Board (PTAB, the Board) found several claims subject to the requestor’s petition to be unpatentable over the...more

8/13/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Prior Art

Convenience Trumps Potentially Higher Royalties

In re Nintendo of America, Inc. - The U.S. Court of Appeals for the Federal Circuit vacated a denial of a motion to sever and transfer, directing the district court to grant petitioner’s motion because the transferee...more

8/11/2014 - Forum Forum Selection Clause Jurisdiction Motion To Sever Nintendo Patent Infringement Patent Litigation Patents Royalties

Purported Inventor Fails to Prove Inventorship

General Electric Co. v. Wilkins - Addressing a claim to inventorship of an individual not listed as an inventor on two patents, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s ruling that a...more

7/7/2014 - Appeals Employer-Owned Intellectual Property Former Employee General Electric Inventors ITC Mitsubishi Patent Litigation Patents

Balancing Venue, Transfer Factors at the Federal Circuit - In re Altair Engineering, Inc.; In re Groupon, Inc.

In re Altair Engineering, Inc.; In re Groupon, Inc. - The U.S. Court of Appeals for the Federal Circuit denied two writs of mandamus filed by defendants requesting the Federal Circuit to direct district courts to...more

6/6/2014 - Patent Infringement Patent Litigation Patents Transfers Venue Writ of Mandamus

No Foreseeability Bar to The Application of the Doctrine of Equivalents - Ring & Pinion Service, Inc. v. ARB Corp. LTD.

Addressing the doctrine of equivalents infringement of a means-plus-function limitation, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment of non-infringement based on an...more

4/3/2014 - Doctrine of Equivalents Foreseeability Patent Litigation Patents Summary Judgment

Focus on Tax Controversy - December 2013

In This Issue: A Decade of Lessons Learned from State Tax False Claims Act Cases; Second Circuit Reaffirms Taxpayer’s Use of Protective Refund Claims; and Challenging Regulations After Mayo and Home...more

12/5/2013 - Administrative Procedure Act False Claims Act Fraud IRS Mayo Foundation for Medical Ed Mayo Foundation v US Protective Claims SCOTUS Standard of Review State Taxes Tax Refunds Transfer Pricing Treble Damages U.S. Treasury US v Home Concrete & Supply Whistleblowers

IP Update, Vol. 16, No. 11, November 2013

Appellate Decision Sets Stage for Next Skirmish In The Apple vs. Samsung Smart Phone Wars - A unanimous panel of the U.S. Court of Appeals for the Federal Circuit has concluded that the district court was within its...more

11/26/2013 - Apple Apple v Samsung Fresenius Patent Infringement Patent Litigation Patents Samsung SCOTUS Smartphones Standards-Essential 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

The 3M Case: Can the IRS Overrule the Supreme Court?

3M Company’s challenge to the validity of Treas. Reg. § 1.482-1(h)(2), if successful, could result in refunds for taxpayers that previously followed the Internal Revenue Service’s regulatory guidance purporting to overrule...more

9/27/2013 - 3M Company Income Taxes IRS SCOTUS Subsidiaries Tax Refunds

Courts Continue Literal Interpretation of Subpart F Rules on Income Inclusion

Consistent with prior judicial precedent, the U.S. Court of Appeals for the Fifth Circuit recently applied a literal interpretation of the Subpart F inclusion rules based on the plain meaning of Sections 951 and 956....more

7/18/2013 - Income Taxes Plain Meaning Statutory Interpretation Tax Reform

IP Update, Vol. 16, No. 1, January 2013

IN THIS ISSUE: Patents - Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities; Permanent Injunctions on the Rise?; Sanctioned Parties in Exceptional Cases Continue to Get Fresh...more

1/31/2013 - Infringement ITC Licenses Non-Practicing Entities Patents Section 337

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