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How Much Searching is “Non-Exhaustive”?: Judge Gardephe Invalidates Claims as Indefinite

On April 24, 2024, United States District Court Judge Paul G. Gardephe (S.D.N.Y.) construed claims of three patents asserted by Network-1 Technologies, Inc. against Google LLC and YouTube, LLC. The court found the asserted...more

Judge Rakoff Orders Lab-Made Diamond Maker to Pay Fees for Manufacturing Fake Claims

On February 21, 2024, Judge Rakoff (S.D.N.Y) granted a defendant’s motion for attorney’s fees and costs in Carnegie Institute of Technology v. Fenix Diamonds. The Carnegie Institution for Science and its patent licensee, the...more

Knitting Together Rulings for Both Parties: Judge Subramanian Issues Claim Construction Order in Nike v. Lululemon Flyknit

On December 28, 2023, District Judge Subramanian (S.D.N.Y.) issued claim construction rulings in Nike, Inc. v. Lululemon USA Inc. on four disputed terms. The Court resolved two of the disputed terms in favor of Nike, Inc....more

Judge Lehrburger Finds That Original Complaint Can Provide Requisite Knowledge For Willfulness Allegations in Second Amended...

Three weeks after recommending deferral of claim construction in a patent dispute between competing massage-device companies, Magistrate Judge Lehrburger recommended denying Defendant Tzumi’s motion to dismiss Plaintiff...more

Judge Lehrburger Recommends Deferring Claim Construction Until Full Record is “Graspable”

What does it mean for a handle of a massage device to be “graspable”?  We do not yet know.  In Therabody, Inc. v. Tzumi Electronics LLC, No. 21-CV-7803, 2022 BL 425916 (S.D.N.Y. Nov. 28, 2022), Magistrate Judge Lehrburger...more

Judge Chen “Backs” Construction of Garment Claims, Albeit with Alterations

On July 15, 2022, United States District Court Judge Pamela K. Chen (S.D.N.Y.) issued a Memorandum and Order setting forth the construction of two disputed terms relating to garments in Shaf International v. First...more

Judge McMahon Finds That No Construction Is Necessary: “Period. End of Story”

On May 5, 2022, United States District Court Colleen McMahon (S.D.N.Y.) issued a claim construction decision in a long-running set of patent and trade dress infringement and defamation actions between Plaintiff GeigTech East...more

You Win Some and Lose Some: Judge Koeltl Finds Claims Patent-Eligible But Not Infringed

On March 8, 2022, Judge John G. Koeltl (S.D.N.Y.) denied Defendant Facebook Inc.’s (“Facebook”) motion for summary judgment that the claims of three related patents directed to “storing documents in a chronologically ordered...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 Chen Notes Split in Authority as to Whether Claim Construction is a Dispositive Pretrial Matter

On July 20, 2021, District Judge Pamela Chen (E.D.N.Y.) adopted, in its entirety, Judge Bulsara’s report and recommendation (“R&R”) in Sunscreen Mist Holdings, LLC v. SnappyScreen, Inc. (“Sunscreen Mist” and “SnappyScreen,”...more

Magistrate Judge Bulsara “Blocks” Indefiniteness Argument Against Sunscreen Dispensing Patent

On February 26, 2021, United States Magistrate Judge Sanket J. Bulsara (E.D.N.Y.) issued a claim construction ruling in Sunscreen Mist Holdings, LLC v. SnappyScreen, Inc. (“Sunscreen Mist” and “SnappyScreen” respectively)...more

Plaintiff's Infringement Contentions Proved Anticipation of Its Own Patent

On August 16, 2019, U.S. District Judge Alison J. Nathan (S.D.N.Y.) denied Plaintiff Seoul Viosys Co.'s ("SVC") motion for reconsideration of the court's September 2018 summary judgment decision, and, on August 21, 2019, the...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

Judge Daniels Settles An “Over The Top” Dispute Finding “Upper” Means “Above”

On June 12, 2019, Judge George B. Daniels (S.D.N.Y.) ruled on claim construction disputes in an action brought by Plaintiff The Topps Company, Inc. (“Topps”) against Koko’s Confectionery & Novelty (“Koko”). Topps alleged...more

Judge Schofield Rules Claims that “Comprise” Elements “Consisting Of” Other Elements Are “Closed-Ended”

On June 4, 2019, Judge Lorna G. Schofield (S.D.N.Y.) ruled on claim construction disputes in an action brought by Plaintiff EMED Technologies Corporation (“EMED”) against Defendant Repro-Med. Systems, Inc. (“RMS”). EMED...more

Judge Furman Denies Summary Judgment to Defendant and Construes Disputed Claim Terms for “Cool” Pet Beds

On March 13, 2019, District Judge Jesse M. Furman (S.D.N.Y.) ruled on Defendant European Home Design, LLC’s (“European Home”) motion for summary judgment, as well as the parties briefing on claim construction of certain...more

Judge Matsumoto "Puts to Bed" Claim Construction Disputes by Adopting Several Independent Constructions, But Defers Ruling on...

On February 25, 2019, District Judge Kiyo Matsumoto (E.D.N.Y.) ruled on claim construction and indefiniteness disputes in an action brought by Plaintiff Bedgear, LLC against Defendant Fredman Bros. Furniture Co., Inc. d/b/a...more

Judge Sweet Holds “Transmucosal” Delivery Does Not Require Mucosal Membrane Absorption

On January 22, 2019, Judge Robert W. Sweet (S.D.N.Y.) issued a claim construction opinion in Ferring B.V. v. Serenity Pharm., LLC following a Markman hearing. Plaintiffs Ferring (“Ferring”) moved for claim construction of...more

Judge Furman Stays Case Involving Possible Direct Competitors Pending IPR

On August 8, 2018, Judge Jesse M. Furman (S.D.N.Y.) granted Defendant Synaptive Medical, Inc.’s (“Synaptive”) motion to stay proceedings pending inter partes review (“IPR”) of the patent-in-suit. Plaintiff Karl Storz...more

Judge Netburn Holds That a Motion for Reconsideration is Not a Vehicle for Taking a “Second Bite at the Apple”

On November 29, 2017, United States Magistrate Judge Sarah Netburn (S.D.N.Y.) denied plaintiff Seoul Viosys Co., Ltd.'s ("Seoul Viosys") motion for reconsideration of the Court's claim construction ruling....more

Judge Matsumoto Cuts Plaintiff a Little “Slack” in Claim Construction Ruling

On November 20, 2017, United States District Court Judge Kiyo A. Matsumoto issued a claim construction ruling in a suit between two fitness-related companies: Speedfit LLC (“Speedfit”) and Woodway USA, Inc. (“Woodway”)....more

Judge Sweet Allows a Plaintiff to Amend Its Complaint More Than 2 Years After It Was Originally Filedtheat

On October 26, 2017, District Judge Robert W. Sweet (S.D.N.Y.) granted plaintiff Olaf Soot Design, LLC (“OSD”) leave to amend its June 25, 2015 Complaint against Daktronics, Inc. and Daktronics Hoist, Inc. (collectively,...more

Judge Pauley Rules “About” Means “Approximately”, Maybe!

On September 19, 2017, United States District Court Judge William H. Pauley (S.D.N.Y.) issued a claim construction ruling on the word “about” across two patents directed to topical compositions containing naftifine. Both the...more

When Does “On” Mean “On”? Judge Netburn Holds That It Depends.

On September 11, 2017, Magistrate Judge Sarah Netburn (S.D.N.Y.) issued a claim construction ruling on, among other things, the construction of the word “on” across four different patents directed to semiconductor lasers. In...more

Judge Oetken Construes Twenty-Nine Claim Terms in “Relatively Large” Markman Opinion

On August 10, 2017, District Judge Paul Oetken (S.D.N.Y.) construed 29 claim terms in a dispute between Defendant Comcast Corporation, et al. (“Comcast”) and Plaintiff Rovi Guides, Inc. and its subsidiaries (“Rovi”). The...more

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