Patrick Stafford

Patrick Stafford

McDermott Will & Emery

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Ambiguity in Court’s Construction Creates Objective Reasonableness of Infringement and Negates Exceptional Case Determination -...

Addressing the award of attorneys’ fees by the district court, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s grant of fees under § 285 and affirmed the district court’s denial of fees under §...more

3/31/2015 - Attorney's Fees Claim Construction Exceptional Case Nvidia Patent Infringement Patent Litigation Patents

Untimely Presentation of Updated Mandatory Notice Is Not a Cause for Termination - Valeo North America, Inc. v. Magna Electronics...

Addressing a petitioner’s untimely Updated Mandatory Notice following a merger, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) denied a patent owner’s motion to terminate an inter...more

3/16/2015 - Inter Partes Review Proceedings Mergers Patent Trial and Appeal Board Patents Prejudice

Declarant Must Be Made Available for Deposition in the United States - Square, Inc. v. REM Holdings 3, LLC

Addressing the location of a deposition of patent owner’s declarant, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB or Board) concluded that, absent an agreement between the parties to...more

2/24/2015 - Declaration Depositions Expert Testimony Expert Witness Federal Rules of Civil Procedure Intellectual Property Litigation Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Square USPTO

Federal Government May Be Liable for Patent Infringement by Private Companies Performing Quasi-Governmental Functions

IRIS Corp. v. Japan Airlines Corp.; SecurityPoint Holdings, Inc. v. TSA - Addressing the jurisdiction of a patent infringement claim against the U.S. government, the U.S. Court of Appeals for the Federal Circuit...more

12/1/2014 - Appeals Japan Airlines Patent Infringement Patent Litigation Patents TSA

Doctrine of Equivalents Requires Full Analysis

EPOS Technologies Ltd. v. Pegasus Technologies Ltd. - Addressing doctrine of equivalents, the U.S. Court of Appeals for the Federal Circuit vacated a finding of no infringement by a lower court, explaining that such a...more

11/5/2014 - Doctrine of Equivalents Patent Infringement Patent Litigation Patents

Petitioner Barred from Raising Arguments Not in Petition

TRW Automotive US LLC v. Magna Elecs., Inc. - Addressing the petitioner’s request for rehearing of a denial for review, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the Board) denied the...more

10/29/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents USPTO

Patent Owner Bears Burden of Proving Proposed Claims Patentable

Harmonic, Inc. v. Avid Tech., Inc. - Addressing the patent owner’s burden of showing non-obviousness in an inter partes review (IPR), the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (PTAB, or...more

9/8/2014 - Inter Partes Review Proceedings Obviousness Patent Litigation Patent Trial and Appeal Board Patents USPTO

Product May Acquire Non-Infringing Status, Even as to Adjudicated Method Claims, After a Prior Finding of Non-Infringement of...

Brain Life, LLC v. Elekta Inc. - Addressing the Kessler Doctrine, the U.S. Court of Appeals for the Federal Circuit affirmed-in-part, vacated-in-part and remanded a district court’s summary judgment barring assertion...more

5/2/2014 - Kessler Doctrine Patent Infringement Patent Litigation Patents

Statements Describing “the Present Invention” Limit Claim Scope - AstraZeneca AB v. Hanmi USA Inc.

In a non-precedential decision addressing the weight given to a patentee’s statements concerning “the present invention,” the U.S. Court of Appeals for the Federal Circuit affirmed the district Court’s construction, finding...more

1/31/2014 - Inventions Patent Litigation Patents Prescription Drugs

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

10 Results
|
View per page
Page: of 1

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×