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Patents Patent Infringement Forfeiture

McDermott Will & Emery

Equivalence Requires Element-by-Element Proof With Linking Argument

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court determination that a patent owner had not provided the “particularized testimony and linking argument” required to demonstrate equivalence under the...more

Morgan Lewis

ITC Rescinds Seizure & Forfeiture Order after CIT Determines Redesign Does Not Infringe

Morgan Lewis on

A recent decision by the International Trade Commission (ITC) to temporarily rescind a seizure and forfeiture order after the Court of International Trade (CIT) granted summary judgment of non-infringement for certain...more

McDermott Will & Emery

Federal Circuit Law Governs Waiver or Forfeiture of Patent Venue Rights

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit concluded venue was improper under the patent venue statute as interpreted by the Supreme Court of the United States, finding that the accused infringer did not waive or forfeit...more

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