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There’s an Exception to Every Rule: Judge Schofield Finds a Comparison of the Plaintiff’s Patented System and the Accused System...

In a recently published opinion, Judge Lorna G. Schofield (S.D.N.Y.) found that it was appropriate to compare the accused system to a plaintiff’s commercial system embodying the asserted patent claims, rather than the patent...more

To “Nonce” or Not to “Nonce”: Judge Merchant Considers Whether Patent Claims Recite “Nonce” Words Devoid of Structure

On October 11, 2024, Judge Orelia E. Merchant issued a decision construing the claims of three asserted patents in a litigation filed by Plaintiff Artec Europe S.A.R.L. (“Artec”) against Defendants Shenzhen Creality 3D Tech....more

Judge DeArcy Hall Finds Asserted Claims Indefinite Because “Absorbing” Heat via an Endothermic Chemical Reaction Cannot Mean...

On February 24, 2022, Judge LaShann DeArcy Hall found patent claims directed to pressure-activated self-cooling mats for pets to be invalid as indefinite in a case filed by The Green Pet Shop Enterprises LLC against Fine...more

Judge Woods Construes Claims in View of Patents Incorporated by Reference in the Specification

On July 29, 2019, Judge Gregory Woods illustrated how subject matter that is incorporated by reference in the specification can impact the scope of the claims in claim construction....more

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