Lewis Popovski

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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 to be Relevant to Infringement | Patterson Belknap Webb & Tyler LLP - JDSupra

Jan 21, 2025 | jdsupra.com | Lewis Popovski |Ryan Sheehan

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 claims themselves, to show non-infringement. The court recognized that, as the Federal Circuit held in Zenith Labs. v. Bristol-Myers Squibb Co., 19 F.3d 1418, 1423 (Fed. Cir.
To “Nonce” or Not to “Nonce”: Judge Merchant Considers Whether Patent Claims Recite “Nonce” Words Devoid of Structure | JD Supra

Oct 17, 2024 | jdsupra.com | Lewis Popovski |Ryan Sheehan

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. Co., Ltd. and Shenzhen Jimuyida Technology Co., Ltd. (collectively, “Creality”). Among other disputes, Judge Merchant considered whether several claim terms were drafted in “means-plus-function” form.
To “Nonce” or Not to “Nonce”: Judge Merchant Considers Whether Patent Claims Recite “Nonce” Words Devoid of Structure

Oct 16, 2024 | lexology.com | Lewis Popovski |Ryan Sheehan

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. Co., Ltd. and Shenzhen Jimuyida Technology Co., Ltd. (collectively, “Creality”). Among other disputes, Judge Merchant considered whether several claim terms were drafted in “means-plus-function” form.
Half-Zipped: Judge Chen Grants Summary Judgment of Non-Obviousness and Partial Summary Judgment of Non-Infringement on Garment Zipper Patent Claims | JD Supra

Oct 2, 2024 | jdsupra.com | Lewis Popovski |Matthew J. Weiss

United States District Judge Pamela K. Chen (E.D.N.Y.) recently granted Plaintiff Shaf International, Inc. (“Shaf”)’s motion for summary judgment of validity of U.S. Patent No. 10,433,598 (the “’598 Patent”) and Defendant First Manufacturing Co., Inc. (“FMC”)’s motion for summary judgment of non-infringement for claims 1-10 of the ’598 Patent. Slip Op. at 1.
You Snooze, You Lose: Judge Liman Grants Stay Pending Not-Yet-Instituted IPR When Plaintiff Waited Too Long to File Suit Against a Competitor | JD Supra

Oct 2, 2024 | jdsupra.com | Lewis Popovski |Ryan Sheehan

On September 9, 2024, Judge Lewis J. Liman granted a motion to stay pending the resolution of a U.S.P.T.O. inter partes review (“IPR”) filed by Defendant Tommy John, Inc. challenging the patentability of Plaintiff Pakage Apparel, Inc.’s asserted patent.
Tag You’re It: Chief Judge Swain sua sponte Transfers Pro Se Patent Infringement Complaint to Delaware | JD Supra

Sep 20, 2024 | jdsupra.com | Lewis Popovski |Matthew J. Weiss

September 20, 2024 To embed, copy and paste the code into your website or blog: Chief United States District Judge Laura Taylor Swain (S.D.N.Y.) recently transferred an action for patent infringement brought pro se by Rachel Ohana (“Ohana”) against Mars Petcare US, Inc. (“Mars Petcare”) to the United States District Court for the District of Delaware. Slip Op. at 1.
Show Me the Papers!: Judge Aaron Grants Motion to Compel Document Discovery from Third-Party | JD Supra

Sep 18, 2024 | jdsupra.com | Lewis Popovski |Matthew J. Weiss

September 18, 2024 To embed, copy and paste the code into your website or blog: United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recently granted a motion by Samsung Electronics Co. Ltd and Samsung Electronics America, Inc.
Judge Garnett “Rolls” Through and Grants Preliminary Injunction Against Sales of Accused Foam Roller Products | JD Supra

Jul 5, 2024 | jdsupra.com | Lewis Popovski |Ryan Sheehan

On June 14, 2024, Judge Margaret M. Garnett of the Southern District of New York granted a motion for a preliminary injunction in a declaratory judgment action filed by accused infringer PowX Inc., which barred the sales of PowX’s foam roller products used for muscle massages.
How Much Searching is “Non-Exhaustive”?: Judge Gardephe Invalidates Claims as Indefinite | JD Supra

May 28, 2024 | jdsupra.com | Lewis Popovski |Matthew J. Weiss

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 claims of two U.S. Patents, Nos. 8,010,988 (the “’988 Patent”) and 8,904,464 (the “’464 Patent”) invalid as indefinite and granted Google’s motion for summary judgment of non-infringement on the asserted claims of a third, U.S. Patent No. 8,205,237 (the “’237 Patent).
Judge Ho Calls Strike Three on Plaintiff’s Subpoena to Baseball Star Bryce Harper | JD Supra

Apr 18, 2024 | jdsupra.com | Lewis Popovski |Ryan Sheehan

On April 10, 2024, Judge Dale E. Ho granted a motion to quash a third-party subpoena served on Major League Baseball player Bryce Harper in connection with a patent infringement lawsuit filed by Athalonz, LLC against Under Armour, Inc. in the Eastern District of Texas. In the patent litigation, Athalonz accused certain athletic footwear sold by Under Armour of infringement.

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Lewis Popovski

Articles

There’s an Exception to Every Rule: Judge Schofield Finds a Comparison of the Plaintiff’s Patented System and the Accused System to be Relevant to Infringement | Patterson Belknap Webb & Tyler LLP - JDSupra

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

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

Half-Zipped: Judge Chen Grants Summary Judgment of Non-Obviousness and Partial Summary Judgment of Non-Infringement on Garment Zipper Patent Claims | JD Supra

You Snooze, You Lose: Judge Liman Grants Stay Pending Not-Yet-Instituted IPR When Plaintiff Waited Too Long to File Suit Against a Competitor | JD Supra

Tag You’re It: Chief Judge Swain sua sponte Transfers Pro Se Patent Infringement Complaint to Delaware | JD Supra

Show Me the Papers!: Judge Aaron Grants Motion to Compel Document Discovery from Third-Party | JD Supra

Judge Garnett “Rolls” Through and Grants Preliminary Injunction Against Sales of Accused Foam Roller Products | JD Supra

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

Judge Ho Calls Strike Three on Plaintiff’s Subpoena to Baseball Star Bryce Harper | JD Supra

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