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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 structure” and the body of the claim does not define “a structurally complete invention”. The...

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...

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. 19-2411 (Fed. Cir. Jan. 5, 2021) (Taranto, J.) SIMO sued uCloudlink for patent infringement based on sa...

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 uCloudlink (America), Ltd. (“uCloudlink”) in 2018 for patent infringement and, in a trial last year, pr...