Lewis Popovski

1 month ago | jdsupra.com | Lewis Popovski |Ryan Sheehan

On April 4, 2025, Magistrate Judge Lois Bloom (E.D.N.Y.) declined to sanction a pro se plaintiff for failing to conduct an adequate pre-suit investigation of whether his patent was infringed. Plaintiff initially filed a complaint in the Eastern District of Michigan alleging that certain General Electric defendants (“GE”) infringed his patent directed to “super preheating” fuel in a combustion engine to improve efficiency and reduce emissions.

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.

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.

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.

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.