New England IP Blog

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

Category Archives: Indefiniteness

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Waiver Conundrum in Akamai v. Limelight Remand

In a lengthy litigation between Akamai Technologies, Inc. (“Akamai”) and Limelight Networks, Inc. (“Limelight”), the District of Massachusetts recently addressed whether Limelight waived issues presented in its Renewed Motion For Judgment As A Matter Of Law after the case was appealed, and then remanded, back to the District Court. The case was initially tried by … Continue Reading

Plaintiff Secures Sweeping Jury Verdict in Hotly-Contested Patent Fight

In a long-running patent fight involving two medical device manufacturers, a Massachusetts jury determined last week that the defendant Kaz had infringed two of plaintiff Exergen’s patents relating to temporal thermometers, and that the patents are not invalid. The jury also awarded Exergen nearly $15 million in damages.… Continue Reading

Congratulations to Proskauer’s Mark Harris, Named “Litigator of the Week” for Biosig Patent Victory at the Federal Circuit

We wish to express our congratulations to Proskauer’s appellate litigator Mark Harris, who spearheaded a significant patent litigation victory on April 27 when the Federal Circuit reaffirmed a decision vacated by the Supreme Court, ruling in favor of Biosig Instruments in what is now the leading case concerning whether patent claims are invalid as indefinite. The Am Law … Continue Reading

Google Remains on the Hook After Summary Judgment Denied

Judge Rya W. Zobel’s recent decision denying a set of Google’s summary judgment motions has cleared the way for trial. Skyhook initially sued Google for infringement of thirteen patents. Currently, eight patents remain at issue: U.S. Patent Nos. 7,433,694 (the “’694 patent”); 7,474,897 (the “’897 patent”); 7,856,234 (the “’234 patent”); 8,031,657 (the “’657 patent”); 8,054,219 … Continue Reading

SCOTUS Brings More Certainty to District Court Claim Constructions

Since at least 1996, the Federal Circuit has reviewed district court claim constructions de novo.  This de novo standard introduced great uncertainty into patent cases:  A favorable claim construction, even one supported by detailed factual findings by the district court, could be set aside by the Federal Circuit without any deference whatsoever.  This situation surely … Continue Reading

The Blurred Lines of the Indefiniteness Road Map

As lower courts begin to apply the Supreme Court’s reworded standard for indefiniteness as set forth in Nautilus, Inc. v. BioSig Instruments, Inc., they have grappled with the question of where to draw the line between claims that are not indefinite and those that are.  In a recent order by Judge Landya McCafferty, the New Hampshire … 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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