Melissa Nott Davis

Melissa Nott Davis

McDermott Will & Emery

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Suppliers May DJ an NPE, But It Won’t Be Easy - Microsoft v. DataTern, Inc.

Addressing declaratory judgment jurisdiction based infringement allegations against customers, the U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in part the district court’s finding of...more

6/3/2014 - Induced Infringement Infringement Jurisdiction Microsoft Patent Infringement Patent Litigation Patents SAP America Inc. Suppliers

It’s Not Easy to Get into the Federal Circuit - In re ICM, Inc., In re Foundations Worldwide, Inc., Momenta Pharm., Inc. v....

In addressing four cases requesting action regarding jurisdiction or venue transfer, the U.S. Court of Appeals for the Federal Circuit scored a Texas hat trick and bounced four cases out of the Court, denying two petitions...more

1/2/2014 - Jurisdiction Patent Litigation Patents Venue

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

Federal Circuit Has Appellate Jurisdiction Even Where Damages, Willfulness Have Not Been Determined

Although the U.S. Court of Appeals for the Federal Circuit did not take a position on the propriety of bifurcating damages and willfulness, to the extent those issues are separate from infringement, a party will now be able...more

6/19/2013 - Damages Jurisdiction Liability Patent Infringement Willful Violations

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