John Low

John Low

McDermott Will & Emery

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Filing Serial Lawsuits for Nuisance Settlements May Be “Exceptional” if Improper Intent Established - SFA Systems, LLC v. Newegg,...

In considering a district court’s denial of attorneys’ fees in view of the Supreme Court’s Octane Fitness standard for finding an “exceptional case” under 35 U.S.C. § 285 (IP Update Vol. 17, No. 5), the U.S. Court of Appeals...more

9/1/2015 - Abuse of Process Attorney's Fees Claim Construction De Novo Standard of Review Non-Practicing Entities Nuisance Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

Notice of an Order Intending Final Judgment, Even If Erroneous, Triggers Appeal - Two-Way Media, LLC v. AT&T Inc.

Addressing the requirements for extending and reopening the time to appeal under Fed. R. App. Pro. 4(a), the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s denial to either extend or reopen the time...more

5/8/2015 - Appeals AT&T Intellectual Property Litigation Patent Infringement Patent Litigation Patents

Appellate Review of Claim Construction Still De Novo if Based Solely on Intrinsic Evidence - Fenner Investments, Ltd. v. Cellco...

Two appeals following the Supreme Court’s modification of the standard of appellate review on claim construction in Teva Pharm. USA, Inc. v. Sandoz, Inc. (IP Update,Vol. 18, No. 1) indicate that it is largely business as...more

3/27/2015 - Appeals Claim Construction De Novo Standard of Review Garmin International Patent Infringement Patent Litigation Patents

Duty to Defend Only Triggered Where Subject Activities Are Specified in the Policy - Nationwide Mutual Insurance Co. v. Gum Tree...

Finding that the specific allegations made in a plaintiff’s civil petition filed against an insurance policy holder did not meet the specifications of the insured’s policy, the U.S. Court of Appeals for the Fifth Circuit...more

3/23/2015 - Duty to Defend Insurance Litigation Scope of Coverage

Contempt Charge Vacated Based On Valid Assertion of Attorney Client Privilege - Waste Management of Washington, Inc. v. Kattler et...

Finding that a district court had not provided procedural due process to an attorney for a sanctioned party, and that the district court abused its discretion in imposing sanctions for civil contempt against the attorney, the...more

3/23/2015 - Abuse of Discretion Appeals Attorney-Client Privilege Discovery Due Process Employment Contract Restrictive Covenants Sanctions

Computer-Implemented Business Transaction Claim Must Describe an “Inventive Concept” to Be Patent Eligible

BuySAFE, Inc. v. Google, Inc. and Loyalty Conversion Systems Corp. v. American Airlines, Inc. - Addressing subject matter eligibility of claims purporting to apply abstract mental processes directed to business...more

11/11/2014 - Google Inventive Concept Test Patent Litigation Patent-Eligible Subject Matter Patents

The Squeaky Wheel Gets the Grease--You Won’t Get Fees if You Don’t Complain Early

Stragent, LLC v. Intel Corp. - Applying recent standards for determining whether a case is “exceptional” under Octane Fitness for purposes of awarding fees, the U.S. District Court for the Eastern District of Texas...more

10/13/2014 - Abuse of Process Attorney's Fees Bad Faith Discovery Intel Rules of Civil Procedure

Misappropriation of Trade Secrets Warrants an Ongoing “Reasonable Royalty”

Sabatino Bianco, M.D., v. Globus Medical, Inc. - Comparing and contrasting Texas trade secret law to jurisprudence relating to patent infringement damages, the U.S. District Court for the Eastern District of Texas held...more

9/12/2014 - Damages Medical Devices Misappropriation Patent Infringement Patents Royalties Trade Secrets

Unanimous Supreme Court: “Exceptional” Patent Cases Determined at District Court’s Discretion with Appellate Review only for Abuse...

With respect to the two related questions before the Supreme Court of the United States, the court held that (1) the prior standard used by the U.S. Court of Appeals for the Federal Circuit for determining whether a case is...more

5/5/2014 - Attorney's Fees Brooks Furniture Exceptional Case Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

Allegations Regarding Third-Party Beneficiary Issues and Alter-Ego Status Belong in the First-Filed Venue - Futurewei...

Addressing an appeal of a dismissed action filed second-in-time, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s ruling on defendants’ motion to dismiss, finding that additional, related claims for...more

1/3/2014 - Alter Ego First-to-File License Agreements Motion to Dismiss Patents Third-Party Beneficiaries

IP Update, Vol. 16, No. 5, May 2013

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more

5/31/2013 - Arbitration Bowman v Monsanto Claim Construction CLS Bank CLS Bank v Alice Corp Copyright FRAND Genetically Engineered Seed Infringement Monsanto Obviousness Patent Exhaustion Patents SCOTUS Standards-Essential Patents Standing Trademarks

IP Update, Vol. 16, No. 4, April 2013

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

4/30/2013 - Affidavits Claim Construction Copyright Copyright Infringement Discovery DMCA Infringement Patents Prior Art Safe Harbors Trademarks USPTO

IP Update, Vol. 16, No. 3, March 2013

In This Issue: Supreme Court - Supreme Court Finds That “First Sale” Doctrine Applies to Works Patents - Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more

3/29/2013 - America Invents Act Covered Business Method Patents Doctrine of Equivalents First Sale Doctrine Generic Drugs Patent Reform Patents Trademarks

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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