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Ill-Gotten Gains: Unjust Enrichment Remedy Not Barred by Limitation of Liability Provision

Examining the issue of trade secret misappropriation when parties have contractually limited their liability from breach, the US Court of Appeals for the Eleventh Circuit reversed the district court’s dismissal of the case,...more

Construing Unambiguous Claim Language and Qualifying Challenged Expert as POSITA

Addressing the issues of claim construction and the requisite expert qualifications to testify on obviousness and anticipation, the US Court of Appeals for the Federal Circuit vacated a Patent Trial & Appeal Board decision...more

Interesting Delay: Prejudgment Interest Accrues Despite Unreasonable Delay

The US Court of Appeals for the Federal Circuit upheld a decision on enhanced damages and prejudgment interest, concluding that the district court correctly applied the appropriate standard for enhanced damages in accordance...more

Legal Lens on the Unified Patent Court | Q1 2025

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

It’s Obvious: Erroneous Claim Construction Can Be Harmless

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board obviousness determination even though it found the Board had improperly construed a claim term, because the Court found the error harmless...more

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