New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Claims, Construction & Drafting

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Court Denies Attempt to Prevent “Plain and Ordinary” Claim Construction Proposals

The presumption that claim terms should be interpreted using their plain and ordinary meaning, absent express intent to the contrary, has long been a staple in claim construction. Parties often submit proposed constructions that ask the court to give certain terms their ordinary and customary meaning—the meaning that the terms would have to those skilled in … Continue Reading

Summary Judgment Shot Down in Rifle Patent Lawsuit

In a recent patent case concerning hunting rifles, Judge McCafferty in the District of New Hampshire granted the defendant’s motion for summary judgment with respect to literal infringement of a patent on a rifle handguard, but denied the motion with respect to infringement under the doctrine of equivalents. The case arose when the plaintiff, Davies Innovations, Inc., the owner of a U.S. patent … Continue Reading

Forecast Unfavorable for Inventory Software Patent

Ever since the Supreme Court’s decision in Alice Corp. v. CLS Bank shifted the contours of patent-eligible subject matter, district courts have wielded the two-part test set forth in that decision to dispatch scores of business method patents as being directed to unpatentable abstract ideas.  In a recent example, the Massachusetts district court invalidated a patent … Continue Reading

Sensor Maker Cannot Shake Infringement Suit on Summary Judgment

A New Hampshire District Court recently denied defendant sensor makers’ attempt to tilt the case in their favor by denying summary judgment of invalidity and non-infringement. SignalQuest asserted three patents relating to tilt and vibration sensors against the defendants. During the case, the U.S. Patent Office instituted ex parte reexaminations for each of the patents, … Continue Reading

LevelUp Credited with Non-Infringement

When LevelUp was sued for patent infringement by an individual plaintiff, Jack Barron (“Barron”), it scored an aggressive win in part because of a finding that its mobile app was akin to an electronic credit card.  According to the court’s order, LevelUp is the creator of an app, “that allows users to pay for goods … Continue Reading

It’s Situation Normal As Massachusetts Court Declines To Construe Claim Term

Ask each member of a jury to define the word “normally” and you might get twelve different answers. In one recent order, Judge Saylor determined that a jury would understand the ordinary meaning of the claim term “normally clamp” in a dispute involving a patent directed to a baseball cap holder. The claim in question … Continue Reading
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