Jackie L. Toney Jackie L. Toney

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Jackie L. Toney focuses her practice on intellectual property litigation and related regulatory matters, with an emphasis on patent litigation in the biotechnology industry. She has considerable first and second chair trial experience involving claims of patent infringement, breach of patent, software and copyright licenses. She also handles trade secret violations, contracts and business torts. Jackie tries cases before juries and judges and in arbitrations. Read Jackie Toney's full bio.

Venue Manipulation Obviates Geographically Bounded Claims in Venue Analysis


By on Jul 8, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit issued a rare grant of two mandamus petitions directing the US District Court for the Western District of Texas to transfer the underlying patent infringement actions to the US District Court for the Northern District of California pursuant to 28 U.S.C. § 1404(a). In re: Samsung...

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Use of Infringing Product, Misappropriated Trade Secrets May Continue—for a Licensing Fee


By on Sep 3, 2020
Posted In Copyrights

The US Court of Appeals for the Sixth Circuit affirmed a district court’s stay of a permanent injunction against copyright infringement and trade secret misappropriation, permitting the infringer to continue use of an infringing product and misappropriated trade secrets but requiring the infringer to pay a licensing fee. ECIMOS, LLC v. Carrier Corp., Case Nos....

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“All Substantial Rights” Test Informative in Obviousness-Type Double Patenting Context


By on Jul 15, 2020
Posted In Patents

The US Court of Appeals for the Federal Circuit endorsed for the first time the “all substantial rights” test to determine whether inventions are commonly owned for purposes of obviousness-type double patenting validity analysis of a later patent. Immunex Corp. v. Sandoz, Inc., Case No. 20-1037 (Fed. Cir. July 1, 2020) (O’Malley, J.) (Reyna, J.,...

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