Richard Almon

Richard Almon

McDermott Will & Emery

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Foreign Marketing Materials Relevant to Domestic Infringement

Amdocs (Israel) Ltd. v. Openet Telecom, Inc. - In an appeal of a lower court’s summary judgment of no infringement of four patents, the U.S. Court of Appeals for the Federal Circuit reversed the lower court’s judgment...more

10/9/2014 - Appeals Foreign Entities Marketing Patent Infringement Patents Popular Software

Claim Scope Based on Claim Construction Submitted in IDS

Golden Bridge Tech., Inc. v. Apple Inc. - Addressing the doctrine of prosecution disclaimer, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment of non-infringement, finding...more

8/29/2014 - Apple Information Disclosure Statement Patent Infringement Patent Litigation Patents Summary Judgment USPTO

D.C. Circuit Limits Discovery and Joinder for Downloading "Swarms"

AF Holdings v. Does et al. - Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called “copyright trolls” who subpoenaed...more

7/11/2014 - Appeals Copyright Copyright Trolls ISPs Joinder Personal Jurisdiction Subpoenas Swarm Downloading

Federal Circuit Applies Octane Fitness/Highmark Exceptional Case Standard

Innovative Biometric Technology LLC v. Toshiba America Information Systems, Inc. - In April 2014, a unanimous Supreme Court of the United States reversed two opinions of the U.S. Court of Appeals for the Federal...more

7/2/2014 - Attorney's Fees Exceptional Case Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS Toshiba

Invalidating Means Plus Function Claim Requires Expert Testimony - Elcommerce.com, Inc. v. SAP AG, et. al

Revisiting the issue of written description support for a means plus function claim, the U.S. Court of Appeals for the Federal Circuit reversed a finding of invalidity of claims directed to supply chain monitoring, concluding...more

3/27/2014 - Patent Litigation Patents Supply Chain Written Descriptions

An Accused Device Is “Modified” by the Installation of Software - Nazomi Commc’ns., Inc. v. Nokia Corp.

Revisiting the wording of claims that recite a combination of hardware and software, the U.S. Court of Appeals for the Federal Circuit upheld a holding of non-infringement. Nazomi Commc’ns., Inc. v. Nokia Corp., Case No....more

1/30/2014 - Infringement Nokia Patent Infringement Patent Litigation Patents Technology

IP Update, Vol. 16, No. 10, October 2013

No Case or Controversy in DJ Against Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center - In a non-precedential opinion addressing declaratory judgment...more

11/1/2013 - Cisco Claim Construction Copyright FRAND Offsets Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Telecommunications Trademark Policing Trademarks

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

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