McDonnell Boehnen Hulbert & Berghoff LLP

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300 South Wacker Drive
Chicago, Illinois 60606-6709, United States
Phone: 312.913.0001
Fax: 312.913.0002
Areas of Practice
  • Intellectual Property
  • Litigation
Locations
Other U.S. Locations
  • California
  • North Carolina
Number of Attorneys
50-100 Attorneys

More Views on Venue -- Federal Circuit Addresses In re Micron Fallout

Last Spring, the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC held that the word "resides" in the patent venue statute, 28 U.S.C. ยง 1400(b), "refers only to the State of incorporation" of the alleged…more
 /  Civil Procedure, Civil Remedies, Intellectual Property

Suppes v. Katti (Fed. Cir. 2017)

Earlier this fall, the Federal Circuit affirmed a decision by the District Court for the Western District of Missouri dismissing a complaint filed by Galen J. Suppes for lack of jurisdiction. In dismissing Mr. Suppes'…more
 /  Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine

The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded the doctrine of patent exhaustion. This equitable doctrine prevents a…more
 /  Civil Procedure, Intellectual Property

Eli Lilly and Company v. Perrigo Co. (Fed. Cir. 2017)

In an appeal decided last month, the Federal Circuit affirmed a decision by the District Court for the Southern District of Indiana finding claim 20 of U.S. Patent No. 8,435,944 to be invalid as obvious. The panel also affirmed…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Patent Litigation Management - Strategic Decisions Can Help Manage the Cost of Litigation

With respect to patent litigation one thing is true โ€“ it can be very expensive. This expense is often viewed as a barrier to patent owners enforcing their patent rights and properly protecting their inventions and the products…more
 /  Civil Procedure, Intellectual Property

Genetic Assessment of Squash Genomes in Related Species

One of the characteristics of autumn is a harvest of vegetables in the squash family, including the ubiquitous pumpkin (equally famous for pumpkin pie and infamous for pumpkin spiced varieties of seemingly any food product). …more
 /  Science, Computers, & Technology

Supreme Court Hears Argument in SAS Institute, Inc. v. Complementsoft, LLC

Perhaps overlooked in the widespread assessments of the Supreme Court's questioning of the parties in Oil States Energy Services, LLC. v. Greene's Energy Group, LLC is the argument before the Court in SAS Institute, Inc. v…more
 /  Civil Procedure, Constitutional Law, Intellectual Property

Protecting Cannabis โ€“ Are Plant Patents Cool Now?

With the rise of the legalized cannabis industry, there is also a rise in legal questions about how to protect the cannabis-related inventions being developed by the industry. Many practitioners do not appreciate that there are…more
 /  Intellectual Property

Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. (D. Del. 2017)

Last month, in Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc., District Judge Richard G. Andrews of the U.S. District Court for the District of Delaware denied a motion to dismiss filed by…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Uniform Domain Name Dispute Resolution Policy (UDRP) โ€“ What It Is and When to Use It

One of the first tasks the Internet Corporation for Assigned Names and Numbers (ICANN) faced was how to deal with the dilemma of registering domain names to those that first claim them while respecting trademark law. This was…more
 /  Alternative Dispute Resolution (ADR), Intellectual Property, International Law & Trade, Science, Computers, & Technology

Reaction Videos and Fair Use

Platforms such as YouTube allow individuals to post videos online for the world to see. Because YouTube and other such video hosting services derive revenue through ads placed on popular videos, content creators have incentive…more
 /  Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Register Early and Often or at Least Try to: Preparing for Copyright Enforcement

Unlike other intellectual property rights, copyright automatically exists when an original work of authorship is fixed in a tangible form of expression. So, while copyright owners may choose to register a copyright claim with…more
 /  Intellectual Property

Is a Patent a Private or Public Right? -- Supreme Court Hears Oral Arguments in Oil States Energy Services, LLC. v. Greene's Energy Group, LLC

Leading up to the Supreme Court oral argument for Oil States Energy Services, LLC. v. Greene's Energy Group, LLC on November 27, 2017, there was a lot of discussion regarding whether patents were a private or public right. Of…more
 /  Civil Procedure, Constitutional Law, Energy & Utilities, Intellectual Property, Science, Computers, & Technology

Remands at the PTAB -- Board Issues Standard Operating Procedure 9

Earlier this month, the Patent Trial and Appeal Board released it Standard Operating Procedure 9 entitled "Procedure for Decisions Remanded from the Federal Circuit for Further Proceedings." To date, the Federal Circuit has…more
 /  Civil Procedure, Intellectual Property

Oil States Energy Services, LLC v. Greene's Energy Group, LLC -- Positions Taken in Selected Amicus Curiae Briefs

On November 27, 2017, the Supreme Court considered the question of whether the inter partes review process established by the U.S. Patent and Trademark Office in implementing portions of the Leahy-Smith America Invents Act or…more
 /  Administrative Law, Civil Procedure, Civil Remedies, Constitutional Law, Intellectual Property
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