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October, 17th, 2019

WHIPgroup successfully defended summary judgment for a patent infringement case before the US International Trade Commission. The Respondents filed a motion for summary judgment of non-infringement based on their proposed claim construction of the term “additive.” The patent at issue is directed to a medical system having only two additives, and the Respondents argued that their system included a third additive in the form of a silicon coating. After oral argument, the Administrative Law Judge denied the motion, finding that Respondents had failed to rebut that the silicon coating forms part of the medical device itself. As a result, claim construction was unnecessary in resolving the issue.

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