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· 5/13/2024

Bmd Scientific, LLC v. Mikart, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a patentee’s withdrawal of claims should be treated as dismissal 23 of the claims without prejudice
  • declining to consider the construction of claims withdrawn prior to the final judgment on the issue of infringement
  • noting, without deciding, that “withdrawal of the claims [is] akin to either a Federal Rule of Civil Procedure 15 amendment to the complaint, or a Rule 41(a) voluntary dismissal of claims without prejudice” (internal citations omitted)
  • general rule is that “a” means one or more, unless context limits the meaning to just one
  • “[A] plaintiff's motion to dismiss a single claim of a multi-count complaint is properly treated as an amendment under ... [Rule] 15.”
  • “[T]he use of the indefinite articles ‘a’ or ‘an’ means ‘one or more.’”

Source: CourtListener parenthetical corpus (CC0).

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.