McDermott Will & Emery

227 West Monroe Street
Chicago, IL 60606, United States

  • +1 312 372 2000
  • +1 312 984 7700

U.S.-Centered Negotiations for Product Made and Sold Outside United States Do Not Constitute Sale or Offer for Sale in United States

Halo Elecs., Inc. v. Pulse Elecs., Inc. and Pulse Elecs. Corp. - In a case exploring the limits of what constitutes a sale or offer for sale “within the United States” under 35 U.S.C. § 271(a), the U.S. Court of Appeals…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Claim Differentiation Fails to Save Patentees from Their Own Words

Cardsoft, LLC v. Verifone, Inc.; World Class Technology Corp. v. Ormco Corp. - In each of two essentially contemporaneous decisions, the U.S. Court of Appeals for the Federal Circuit rejected the patentee’s contentions on…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Corresponding Structure Required to Avoid Indefiniteness

Robert Bosch, LLC v. Snap-On, Inc. - In the context of addressing claim indefiniteness under § 112, ¶ 2, for lack of disclosure correspondence to a means plus function claim element (under § 112, ¶ 6) the U.S. Court of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Patent Co-Owners Are Necessary Parties to Infringement Suits, but Cannot Ordinarily Be Involuntarily Joined

STC.UNM v. Intel Corp. - In a divided opinion addressing whether a patent co-owner has a substantive right not to join in an infringement suit, the U.S. Court of Appeals for the Federal Circuit denied a petition for…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Intellectual Property

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 affirmed…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

Not All Vice Presidents Are Officers and Entitled to Corporate Indemnification

Aleynikov v. Goldman Sachs Grp., Inc. - Addressing the meaning of the term “officer” in a company’s bylaws, the U.S. Court of Appeals for the Third Circuit vacated a district court’s summary judgment that a computer…more
| Civil Procedure, Commercial Law & Contracts, Criminal Law, Labor & Employment Law, Insurance

Transformative Use in the Seventh Circuit

Kienitz v. Sconnie Nation LLC - The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment based on fair use, but cited different grounds than the district court and…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Bundesverfassungsgericht hebt Entscheidung des BAG auf

Mit einer Entscheidung im Jahr 2011 hatte das BAG die Kündigung eines in einem katholischen Krankenhaus beschäftigten Chefarztes für unwirksam erklärt. Grund der ordentlichen Kündigung war die Wiederheirat des Chefarztes, der…more
| Labor & Employment Law

Summary Judgment Affirmed by Sixth Circuit in Broker Commission Price-Fixing Litigation

On November 13, 2014, the Sixth Circuit Court of Appeals upheld the dismissal of price-fixing claims against two home brokerage service firms in Kentucky, McMahon Co. and HomeService of America, Inc. Hyland, et al. v…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Science, Computers, & Technology

A Hypothetical-License Damages Theory Must Be Rooted in Non-Hypothetical Evidence

Oracle Corporation v. SAP AG - The U.S. Court of Appeals for the Ninth Circuit has explained that a copyright owner is not required to show that it actually would have granted a license to the defendant before it can…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

ECJ Rules on Digitization of Library Collections

Technische Universität Darmstadt v. Eugen Ulmer KG - The European Court of Justice (ECJ) ruled on the meaning of an exception contained in the European Copyright Directive (2001/29/EC), permitting the provision of…more
| Civil Procedure, Education, Intellectual Property, International Law & Trade

Beleaguered D.C. Taxpayers Achieve Another Success in Ongoing Challenges to the Methodology Used in the District’s Transfer Pricing Audit Program

On Friday, November 14, 2014, an administrative law judge (ALJ) issued three identical orders granting the taxpayer’s motion for summary judgment in Hess v. OTR, Shell v. OTR and ExxonMobil v. OTR. In these orders, the ALJ…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Taxation

Seventh Circuit: Plaintiffs Lacked Standing to Challenge Tax Exemption for Ministerial Rental Allowances

In November 2013, the U.S. District Court for the Western District of Wisconsin declared unconstitutional Section 107(2) of the Internal Revenue Code, which excludes from gross income rental allowances paid to ministers as part…more
| Constitutional Law, Real Estate - Residential, Taxation, Nonprofit Law

Trademark Trial and Appeal Board Sustains Opposition on the Basis of Fraud

Nationstar Mortgage LLC v. Mujahid Ahmad - The United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB or Board) sustained an opposition on the basis of fraud, finding that Ahmad’s…more
| Civil Procedure, Communications & Media Law, Business Torts, Intellectual Property

Patent Owner Must Prove Patentability of Proposed Amended Claims (Including Prior Art Date)

Neste Oil Oyj v. REG Synthetic Fuels, LLC - In an order addressing a motion for a sur-reply to introduce evidence to antedate a prior art reference in an inter partes review (IPR) proceeding, the U.S. Patent and Trademark…more
| Civil Procedure, Intellectual Property
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