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Articles Posted in Patent Claim Construction

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Rights to Asphalt Paving Technology at Dispute in Lawsuit Between AarMaz Products Inc, and Rieth-Riley Construction Co.

Mulberry, Florida – Plaintiff ArrMaz Products Inc. has filed a lawsuit against Rieth-Riley Construction Co., Inc. of Goshen, Indiana, alleging patent infringement related to their asphalt paving technologies covered by U.S. Patents Nos. 7,802,941 and 8,465,843. These patents are associated with ArrMaz’s BondTekk® bonded-paving technology, adopted by multiple states and…

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Patent Office Updates Eligibility Guidelines for Patentability Under Section 101

October 17, 2019.  The US Patent Office has issued an Update on “Subject Matter Eligibility.”  These Guidelines are used by the Patent Office to determine whether patent claims are eligible for protection under 35 USC 101. Patent claims satisfy § 101’s eligibility requirement unless they are directed to an abstract…

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Supreme Court Hears Oral Argument Over Non-Instituted Claims in PTAB Decisions

As reported by the AIPLA, the Supreme Court on November 27, 2017 heard oral argument on whether the Patent Trial and Appeal Board (PTAB) is required by 35 U.S.C. 318(a) to address every patent claim challenged in a petition for inter partes review (IPR).  SAS Institute, Inc. v. Lee, U.S.,…

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Indiana Patent Law: Court Rules on Eighteen Disputed Terms in Patent Infringement Litigation

Indianapolis Indiana – Following a Markman hearing, Judge Sarah Evans Barker considered 18 disputed terms in five patents owned by Plaintiff Bonutti Research, Inc. of Effingham, Illinois and licensed exclusively to Plaintiff Joint Active Systems, Inc., also of Effingham, Illinois. Fourteen of the terms were construed. The court held that…

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Divided Federal Circuit Rules En Banc to Retain Cybor Rule of De Novo Review for Claim Construction

Washington, D.C. – The United States Court of Appeals for the Federal Circuit concluded in a six-to-four decision that the rule in Cybor – that claim construction is an issue of law subject to de novo review on appeal – will be retained under the principles of stare decisis. In…

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Federal Circuit Denies Petition by ArcelorMittal France for Rehearing in Patent Infringement Case

Washington, D.C. — The United States Court of Appeals for the Federal Circuit denied the petition of ArcelorMittal for a rehearing in its patent infringement lawsuit against AK Steel involving ULTRALUME®. AK Steel produces flat-rolled carbon and stainless and electrical steels.  Their products are primarily for automotive, infrastructure, manufacturing, construction,…

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Endotach Patent Claims Construed

Indianapolis, Ind. — The Southern District of Indiana has construed the claims of two patents-in-suit in the matter of Endotach LLC v. Cook Medical Inc. In 2012, patent attorneys for Endotach LLC of Frisco, Texas sued Cook Medical Inc. of Bloomington, Ind., alleging infringement of Patent No. 5,122,154, entitled “Endovascular…

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Stryker Prevails on the Construction of All Claims in Patent Infringement Suit

Indianapolis, IN – The Southern District of Indiana has issued an Order concerning claim construction for three of nine patents-in-suit: U.S. Patent Nos. 5,699,038,6,147,592 and 7,538,659. Patent attorneys for Hill-Rom Services, Inc., Hill-Rom Company, Inc. and Hill-Rom Manufacturing, Inc. (collectively, “Hill-Rom”) filed a patent-infringement action against Stryker Corporation, doing business…

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Southern District of Indiana Denies All Summary Judgment Motions Regarding Family of Corn Oil Extraction Patents

Indianapolis, IN – The Southern District of Indiana has denied all summary judgment motions of both plaintiff CleanTech and all defendants in this multi-district litigation involving patents issued by the US Patent Office. GreenShift Corp. and its subsidiary GS CleanTech Corp. (“CleanTech”) have brought a series of suits alleging infringement…

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Organic Seed Growers’ Patent Infringement Suit Against Monsanto Has Been Dismissed For Lack of Jurisdiction

New York, NY – The Southern District of New York has dismissed an innovative patent infringement lawsuit brought by a group of organic farmers against agriculture giant Monsanto Company for lack of jurisdiction. Monsanto has filed a motion to dismiss arguing that the plaintiffs have not demonstrated a justiciable case…

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