Sentences with phrase «claim construction appeals»

Not exact matches

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Matt has successfully argued claim constructions and appeals in U.S. district and circuit courts.

Our lawyers focusing on construction matters provide strategic legal counsel on matters involving project development and execution as well as dispute avoidance and resolution, including representation from bidding, contract negotiation, insurance claims, project support and claim presentation, through trial, arbitration or appeal.

Won appeal in small claim construction dispute.

On Friday, it didn't take long (after this blog was first to highlight the issue because I had been following the «Posner case» in detail over the years) before the appeals court ruling affirming Judge Posner's claim construction of the» 647 patent was discussed everywhere, and that was good.

Considering what a mess the Monday testimony and lawyer argument on the effect of the new claim construction was (because, frankly, both parties had previously hedged their bets as they didn't know what the appeals court would do), the jury is probably now very confused about it (and Judge Koh did the right thing by denying both parties» motions for judgment as a matter of law since there are reasonable arguments for and against infringement, for and against validity).

Against that background, Apple only asked for 60 cents per device from Motorola (which still seemed too much for Judge Posner, though not for the appeals court), less than one - twentieth of its per - unit damages demand from Samsung in the current case, in which Apple pursued a broader claim construction that enabled it to claim ownership of the whole feature as opposed to a particular internal architecture that can be avoided.

Obtained a positive claim construction ruling for Ford during an inter partes review proceeding before the Patent Trial and Appeal Board («PTAB») that found an express disclaimer in the prosecution history of the patent - in - suit.

Among others, Mr. Ferdinand's experience includes, appellate litigation; bankruptcy adversary proceedings; bid protests, debarments, and appeals; breach of contract and Uniform Commercial Code claims; broker disputes; commercial landlord - tenant actions, including commercial evictions; condominium association litigation; consumer fraud and deceptive trade practices act claims; corporate governance; directors» and officers» claims; ethics and professional liability; health law; injunctions; insurance issues; lien claims, including commercial and residential construction liens; planning board actions; post-judgment collection; restrictive covenants; shareholder and partnership disputes; and shareholder derivative claims.

A patentee receiving an unfavorable interlocutory Markman ruling may face increased pressure to settle, rather than stipulating to noninfringement in order to challenge the claim construction on appeal.

Chris provides business and corporate advice, including advice related to sales and acquisitions, commercial leasing, contracts, real estate conveyance and financing; broad commercial litigation representation including contracts and other business disputes, commercial and residential construction defect claims, religious entity law, advice regarding employment disputes and compliance, including ADA, ADEA, Title VII, Colorado Wage Act, FLSA compliance, and administrative proceedings before EEOC and DORA - Colorado Civil Rights Division; representation in administrative proceedings, C.R.C.P. 106 (a)(4) appeals and interlocutory appeals regarding governmental immunity, defense and pursuit of 42 USC § 1983 actions in federal and state court; representation of public pension funds in litigation and administrative matters; and appellate practice before the Colorado Court of Appeals, Colorado Supreme Court, and the 10th Cappeals and interlocutory appeals regarding governmental immunity, defense and pursuit of 42 USC § 1983 actions in federal and state court; representation of public pension funds in litigation and administrative matters; and appellate practice before the Colorado Court of Appeals, Colorado Supreme Court, and the 10th Cappeals regarding governmental immunity, defense and pursuit of 42 USC § 1983 actions in federal and state court; representation of public pension funds in litigation and administrative matters; and appellate practice before the Colorado Court of Appeals, Colorado Supreme Court, and the 10th CAppeals, Colorado Supreme Court, and the 10th Circuit.

Experienced in all stages of litigation, from conducting discovery to trial and appeal, Gabrielle has an extensive background in drafting motions to dismiss, infringement and invalidity contentions, claim construction and summary judgment briefs, pre-trial and post-trial briefs, and appellate pleadings.

The majority judgment clarified the relationship between specific provisions allowing a tax deduction or other benefit and the general anti-avoidance section by reference to the Court of Appeal's judgment in Commissioner of Inland Revenue v BNZ Investments Ltd by concluding «it is only if a specific provision on its true construction and application was intended to give the particular transaction the tax benefit claimed that it will fall outside the areas of application of s 99».

«TCC claims 2.1 The following are examples of the types of claim which it may be appropriate to bring as TCC claims --(a) building or other construction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appconstruction disputes, including claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appConstruction and Regeneration Act 1996; (b) engineering disputes; (c) claims by and against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d) claims by and against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appconstruction of buildings; (e) claims relating to the design, supply and installation of computers, computer software and related network systems; (f) claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g) claims between landlord and tenant for breach of a repairing covenant; (h) claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i) claims relating to the environment (for example, pollution cases); (j) claims arising out of fires; (k) claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appconstruction and engineering disputes including applications for permission to appeal and appeals.»

Robert Barrack dedicates his practice to complex construction and commercial litigation and appeals, including contractual disputes, professional negligence, surety bond claims, subrogation claims, mechanics» liens, business torts, unfair trade practices, bad faith claims, product liability, and real property disputes, as well as construction transactions, on behalf of businesses, public entities, educational institutions, and individuals.

In a set of revised opinions from the panel hearing the appeal, and three additional opinions, the court exposed sharp division on the proper claim construction standard applicable to AIA trial proceedings.

The case presents two procedural issues under the AIA trial format: First, whether the PTAB should construe claims during an IPR using the USPTO's «broadest reasonable interpretation» (or «BRI») construction standard; and second, whether the PTAB's decision to institute review is subject to review by the U.S. Court of Appeals for the Federal Circuit.

The Supreme Court spent the vast majority of the argument questioning counsel about the BRI claim construction standard, and discussed the patent owner's ability to appeal PTAB institution decisions only briefly.

Samsung argues that it was Apple's choice to base its» 647 - related arguments on a broader claim construction than the one the Federal Circuit ultimately affirmed (Samsung says «Apple «shot for the moon»»), and «Apple's risk failed» when the appeals court handed down its opinion in what I always just call the «Posner case».

Established new precedent in North Carolina by obtaining favorable ruling from the 4th Circuit Court of Appeals holding that no implied warranty claims could be brought against manufacturer of component parts incorporated into construction project.

defensive defeats (proving Android's wide - scale infringement of third - party patents): item 4 (claim construction in second Apple v. Samsung case) and item 12 (German appeals court affirms Microsoft's multi-part SMS injunction)

Ancora v. Apple — Appeal to Federal Circuit & Petition for Certiorari Handled & argued appeal on behalf of Ancora reversing district court's claim construction of term «program,» and affirming district's court's finding of no indefinitAppeal to Federal Circuit & Petition for Certiorari Handled & argued appeal on behalf of Ancora reversing district court's claim construction of term «program,» and affirming district's court's finding of no indefinitappeal on behalf of Ancora reversing district court's claim construction of term «program,» and affirming district's court's finding of no indefiniteness.

Marc has extensive litigation experience from jury selection; presenting opening statements; examining (direct and cross) fact and expert witnesses; giving closing arguments; conducting Markman hearings; successfully arguing preliminary injunction motions; drafting successful discovery briefs, claim construction briefs, summary judgment briefs, and appeal briefs; managing electronic discovery activities; coordinating large document productions; and negotiating settlement, licensing and acquisition agreements.

Obtained a positive claim construction ruling for the patent holder on appeal to the Federal Circuit.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

We obtained stipulated judgment of non-infringement following a favorable claim construction ruling, which was affirmed by the Federal Circuit on appeal.

Lindsay Kenney acts on behalf of local and international clients in relation to business disputes, fraud claims, partnership and shareholder disputes, in bankruptcy proceedings, construction claims, employment litigation, intellectual property litigation, defamation claims, professional liability issues, complex litigation matters and other administrative and regulatory issues, including appeals.

HC Matcon Inc. v. Aspden Developments Inc., 2009 ONCA 695 - Acted for Respondents at the Court of Appeal regarding application of Bankruptcy and Insolvency Act provisions to breach of trust claim under the Construction Lien Act

A recent case from the B.C. Court of Appeal (West Fraser Mills v. BKB Construction Inc., 2012 BCCA 89) has confirmed a restricted interpretation of sections 24 and 25 of British Columbia Builders Lien Act, that restricts the court from considering the merits of a case where an owner tries to «cancel» a lien before a claim is commenced.

On January 20, 2015, the U.S. Supreme Court handed down its first patent decision of the current term, rejecting the U.S. Court of Appeals for the Federal Circuit's long - standing practice of reviewing district court patent claim construction rulings, including subsidiary findings, without deference.

These are the issues presented by Microsoft's appeal — as you can see, claim construction plays a key role, and it's particularly easy to reverse on appeal:

-- Represented Ancora in successful appeal to the United States Court of Appeals for the Federal Circuit reversing district court's claim construction ruling and affirming district's court's finding of no indefiniteness.

-- Satyam Computer Services Ltd v Upaid Systems Ltd [2008] EWCA Civ 487, [2008] 2 All ER (Comm) 465 (as junior to David Foxton QC): instructed by Freshfields Bruckhaus Deringer LLP to act on behalf of the respondent in the Court of Appeal in an action concerning the proper constructions of three commercial agreements and in particular whether the parties to a settlement agreement were to be taken to have excluded fraud claims.

SAS appealed the PTAB decision to the Federal Circuit, arguing that the PTAB improperly based its decision on a claim interpretation different from the one adopted in its decision to institute, and on the grounds that the Board was required to address all challenged claims under 35 U.S.C. § 318 (a), As discussed previously, the Federal Circuit ruled that the PTAB erred in relying on a new claim construction with providing adequate notice to the patent owner.But the Federal Circuit ruled that the Board acted within its authority to omit some challenged claims from the final written decision.

2001): Implemented a strategy to place plaintiff in a catch - 22 with a successful claim construction motion to ensure a loss either on infringement or validity that was followed up with successful summary judgment motion for invalidity; authored appeal brief to obtain affirmance by CAFC.

John's litigation experience includes jury selection; trial examination of witnesses; deposition preparation and examination; Markman hearings; drafting successful discovery briefs, claim construction briefs, summary judgment briefs, and appeal briefs; managing electronic discovery activities; and negotiating settlement, licensing and acquisition agreements.

This later patent (No. 5,946,647 shown below) has just now been returned to the Samsung litigation based upon an order by the U.S. Court of Appeals for the Federal Circuit, which in an opinion last Friday (April 25, 2014) revived the patent by affirming a claim construction by Judge Richard A. Posner from a different case by Apple against Motorola — Judge Posner's claim construction contrasted with that of Judge Luch Koh in the Samsung litigation.

Ancora v. Apple (2014)-- Assisted on the appeal on behalf of Ancora reversing district court's claim construction of term «program,» and affirming district's court's finding of no indefiniteness.

A high percentage of claim constructions in U.S. patent litigation are modified on appeal.

Ms. Baum has experience in a range of complex commercial and civil litigation matters, including contract enforcement, tort claims, employment issues, alter ego and fraudulent transfer claims, construction defects, corporate ownership disputes, family law, appeals, temporary restraining orders / preliminary injunctions, and other related issues.

Has successfully appeared before the Ontario Court of Appeal, the Ontario Superior Court of Justice, Small Claims Court, the Mutual Fund Dealers Association, and Construction Lien Court.

California Court of Appeal reverses $ 60 million False Claims Act judgment against construction contractor.

Affirming the trial court's judgment, the appeals court provides a useful summary of the type of proof needed to sustain constructive fraud and slander of title claims in the construction lien setting and when attorneys» fees can be awarded to prevailing parties under Illinois» mechanics lien statute, 770 ILCS 60/1 (the Act).

In Triangle Construction Co. v. Fouches and Assoc., the Court of Appeals of Mississippi recently held that the PAID IN FULL principle — or what lawyers know as accord and satisfaction — barred a contractor's claim for additional payment.

Successfully defending (as sole counsel) a constructive dismissal claim arising out of alleged late payment of bonuses to a Commercial Director in the construction industry (currently on appeal to the EAT).

James» extensive IP litigation experience includes examination of witnesses at trial, depositions, claim construction proceedings, summary judgement and appeals.

The key construction issue on appeal was whether the wording of the formulation claim covered a sub-coating that was applied using a process not known at the relevant time.

The Court of Appeal accepted UBS's submission that the proper approach to the construction of clauses agreeing jurisdiction is to construe them widely and generously, and that in the usual case the words «arising out of» or «in connection with» apply to claims arising from pre-inception matters such as misrepresentation.

Fair or not, the perception of the Federal Circuit among some practitioners is that a trial court's claim construction only has a 50/50 chance of being affirmed on appeal.

The Ontario Court of Appeal recently considered the scope of the right of set - off under the trust fund sections of the Ontario Construction Lien Act (the Act) and under equitable set - off under a contract claim.