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Federal Circuit highlights limitations to claim construction when essential structure is only found in preamble

Joanna Chen The Federal Circuit has ruled on an important issue surrounding the claim construction of a preamble of a patent claim in Simo Holdings Inc v Hong Kong Ucloudlink Network Technology Ltd (2019-2411 (5 January 2021)). The key takeaway is that, in addition to being limiting when a claim preamble serves as an antecedent basis for a claim term appearing in the body of the claim, a preamble can also be limiting when it supplies “essential...
Hong Kong Ucloudlink America Ltd Cloudlink Network Technology Holdings Inc Federal Circuit Simo Holdings Inc

Grammatical Canons Overturn $8.6 Million Jury Infringement Verdict

Thursday, January 14, 2021 Addressing whether the phrase “a plurality of” should apply to each element in a series, the US Court of Appeals for the Federal Circuit entered judgment of non-infringement, finding that the district court’s claim construction that did not require a plurality of each recited component was at odds with the claim language based on the application of grammatical rules.  SIMO Holdings, Inc. v. Hong Kong uCloudlink Network Technology Limited, Case No. 19-...
Hong Kong Strunk White Glocalme Wifi Cloudlink Network Technology Holdings Inc Us Court

Judge Rakoff Sanctions Patentee for Sharing Confidential Documents with Counsel in Overseas Trade Secret Case | Patterson Belknap Webb & Tyler LLP

To embed, copy and paste the code into your website or blog: On December 7, 2020, United States District Court Judge Jed S. Rakoff (S.D.N.Y.) denied Plaintiff SIMO Holdings Inc.’s (“SIMO”) motion to use four confidential documents in a related trade secret dispute pending in Shenzhen, China, and instead imposed a $40,000 sanction on SIMO for disclosing the confidential documents to Chinese counsel. SIMO sued defendants uCloudlink Network Technology Limited and its U.S. subsidiary uCloudl...
United States Jeds Rakoff Holdings Inc Shenzhen Intermediate People Court United States District Court Ucloudlink America Ltd

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