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· 7/11/2018

Massias v. Goldberg

Citations

  • 2018 NY Slip Op 5151

How courts have described this case

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

  • explaining how we first, and primarily, rely on intrinsic evidence like claim language when construing claim terms
  • “Accordingly, even where ‘prosecution history state- ments do not rise to the level of unmistakable disavowal, they do inform the claim construction.’” (quoting Shire De- velopment, LLC v. Watson Pharmaceuticals, Inc., 787 F.3d 1359, 1366 (Fed. Cir. 2015))
  • “Accordingly, even where ‘prosecution history state- ments do not rise to the level of unmistakable disavowal, they do inform the claim construction.’” (quoting Shire De- velopment, LLC v. Watson Pharmaceuticals, Inc., 787 F.3d 1359, 1366 (Fed. Cir. 2015))
  • noting the change in Board regula- tions beginning November 13, 2018
  • “When construing claim terms, we first look to, and primarily rely on, the intrinsic evidence, including the claims themselves, the specification, and the prosecution history of the patent, which is usually dispositive”
  • “When construing claim terms, we first look to, and primarily rely on, the intrinsic evidence . . . which is usually dispositive.” (quoting Sunovion Pharms., Inc. v. Teva Pharms. USA, Inc., 731 F.3d 1271, 1276 (Fed. Cir. 2013))

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