Rita Yoon

Rita Yoon

McDermott Will & Emery

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ANDA Update - July 2015

Supreme Court Holds Good Faith Belief of Patent Invalidity Is Not a Defense to Induced Infringement - Commil USA, LLC v. Cisco Systems, Inc. (Supr. Ct. May 26, 2015): Pharmaceutical patents commonly include...more

7/30/2015 - ANDA Cisco v CommilUSA Generic Drugs Hatch-Waxman Induced Infringement Noninfringement Patent Infringement Patent Invalidity Patents Pharmaceutical Patents SCOTUS

Statements Regarding Live Scientific Debate Still Subject to False Advertising Claim - Eastman Chemical Company v. PlastiPure,...

According to the U.S. Court of Appeals for the Fifth Circuit, even if scientific claims are the subject of live scientific debates, that status will not immunize such statements containing such claims from false advertising...more

3/2/2015 - Advertising Appeals Eastman Chemical False Advertising Lanham Act Scientific Speech

Actual Negotiations Trump 40-Year Georgia-Pacific Test to Determine Type of Patent Licensing Royalties

The Grigoleit Co. v. Whirlpool Corp. - Addressing a lower court’s reasonable royalty determination that chose not to rely on the Georgia Pacific factors, the U.S. Court of Appeals for the Seventh Circuit recently...more

11/26/2014 - Contract Interpretation Contract Negotiations IP License License Agreements Patent Royalties Patents Popular Whirlpool

Judge Posner Orders Sherlock Holmes Estate to Pay Attorneys’ Fees for “Form of Extortion”

Klinger v. Conan Doyle Estate, Ltd. - In another scathing opinion against the Sherlock Holmes estate, Judge Richard A. Posner ordered the estate to pay attorneys’ fees for bringing “nonexistent copyright claims” as a...more

11/3/2014 - Appeals Arthur Conan Doyle Attorney's Fees Copyright Copyright Infringement Public Domain Richard Posner Sherlock Holmes

Copying Is Not the Ultimate Test for Copyright Infringement

Paycom Payroll, LLC v. Richison - Copying alone is insufficient to establish copyright infringement, according to the U. S. Court of Appeals for the Tenth Circuit. In an infringement action involving computer...more

9/12/2014 - Copyright Copyright Infringement Corporate Counsel Popular The Copyright Act

Judge Posner Solves Sherlock Holmes Copyright Case

Klinger v. Conan Doyle Estate, Ltd. - The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright protection. In an opinion by Judge...more

8/18/2014 - Copyright Copyright Infringement Richard Posner Sherlock Holmes

“Continuing Wrong” Doctrine Rejected by Tenth Circuit - Diversey v. Schmidly

Rejecting the continuing wrong doctrine, the U.S. Court of Appeals for the Tenth Circuit recently held that copyright owners must bring their copyright infringement claims within three years of first learning of the violation...more

2/6/2014 - Continuing Wrongs Copyright Copyright Infringement

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

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