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Results:1-9 of 9

Court Denies Attempt to Prevent “Plain and Ordinary” Claim Construction Proposals
  • Proskauer Rose LLP
  • USA
  • April 25 2017

The presumption that claim terms should be interpreted using their plain and ordinary meaning, absent express intent to the contrary, has long been a


Accused Infringer Secures Patent Invalidity in Eyeglass Screw Case
  • Proskauer Rose LLP
  • USA
  • October 4 2016

Declaratory judgment actions can be a useful way for entities threatened with patent infringement to go on the offensive. In one such matter in the


Franchisee Can’t Work Its Way Out of Trademark Infringement and Breach of Contract Litigation on Jurisdictional Grounds
  • Proskauer Rose LLP
  • USA
  • March 31 2016

An out-of-state franchisee sought to escape the reach of the Massachusetts District Court in a breach of contract and trademark infringement


Massachusetts Jury Verdict Stands After Court Ruling on Laches
  • Proskauer Rose LLP
  • USA
  • February 19 2016

A Massachusetts court recently denied defendant Kaz’s motions for judgment on the defenses of laches and equitable estoppel, letting stand an earlier


Plaintiff Secures Sweeping Jury Verdict in Hotly-Contested Patent Fight
  • Proskauer Rose LLP
  • USA
  • January 29 2016

In a long-running patent fight involving two medical device manufacturers, a Massachusetts jury determined last week that the defendant Kaz had


Defendant’s Argument to Exclude Damages Theory Heads in the Wrong Direction
  • Proskauer Rose LLP
  • USA
  • January 20 2016

Although courts and commentators have turned up the heat on the entire market value rule (EMVR) in recent years, it can be a useful tool for a


Plaintiff avoids headache of having its thermometer patent invalidated at summary judgment
  • Proskauer Rose LLP
  • USA
  • September 23 2015

In a recent District of Massachusetts case, a defendant attempted to use the crucible of summary judgment to invalidate the Plaintiff’s body


Patrick Niedermeier
  • Proskauer Rose LLP