Case Results

Patent Litigation: Successfully opposed petition for certiorari before the Supreme Court of the United States

December 2021

Counsel of Record for Appellee Oki Data Americas, Inc. Prepared brief in opposition in response to Court's request for same.  Petition denied.

Competing questions presented:

Whether a patent claim is indefinite under § 112, ¶ 2, if conflicting positions about a claim term arise during the patent prosecution process, even if uncontradicted expert testimony established that the term has a reasonably certain meaning to those skilled in the art.

Whether this Court should grant certiorari when the Federal Circuit relied upon intrinsic evidence to find patent claims indefinite as a matter of law, in a case where neither party offered extrinsic evidence on the case-specific definiteness issue presented.

Infinity Computer Products, Inc. v. Oki Data Americas, Inc., 142 S.Ct. 585 (2021); (United States Supreme Court Docket No. 20-1189)

Practice area(s): Intellectual Property

Court: Supreme Court of the United States

Marc R. Labgold, Ph.D.

Marc R. Labgold, PhD, is a registered U.S. patent attorney with nearly 30 years of experience specializing in patent litigation and international commercial arbitration.  He is an independent arbitrator listed on numerous distinguished panels ...

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