Judge Matsumoto Holds That “Very Small Side Load” Is Indefinite and That “Retention Element” Is a Means-Plus-Function Claim Limitation
On July 13, 2020, District Judge Matsumoto (E.D.N.Y.) entered a claim construction order construing several claim terms recited in Plaintiff Uni-Systems, LLC’s (“Plaintiff”) U.S. Patent Nos. 6,789,360 (“the ’9360 patent”) and 7,594,360 (“the ’4360 patent”), which relate to retractable roof design and are asserted against a number of defendants including the United States Tennis Association National Tennis Center (collectively, “Defendants”).
You’re Too Late: Judge Torres Finds Party Missed Deadline for Objecting to Award of Attorney’s Fees
On June 22, 2020, United States District Court Judge Analisa Torres ruled that Plaintiff LCS Group, LLC (“LCS”) and its counsel, Stephen Lobbin, and Foundation Law Group LLP, were jointly and severally liable for attorney’s fees in the amount of $133,803.75 to Defendants Shire LLC, Shire Development LLC, Shire PLC, and Haug Partners LLP (collectively, “Defendants”). The Court ruled that LCS and its counsel also missed the deadline to object to the Magistrate Judge’s ruling on attorney’s fees because, instead of objecting to the ruling, Plaintiff improperly appealed to the Second Circuit Court of Appeals.
Judge Glasser Rules Patentee’s PTAB Arguments Against Standing Doom Breach of License Action
On June 17, 2020, United States District Judge I. Leo Glasser (E.D.N.Y.) ruled on the parties’ objections to reports and recommendations issued by U.S. Magistrate Judge Stephen M. Gold, and ultimately granted a motion for summary judgment by defendant Mastercard International Inc. (“Mastercard”) on plaintiff Alexsam, Inc.’s (“Alexsam”) breach of patent license claims.
Overdrawn: Judge Oetken Dismisses Reciprocal Deposit Patents under Section 101
On May 29, 2020, United States District Judge J. Paul Oetken (S.D.N.Y.) granted Defendant StoneCastle’s Rule 12(b)(6) motion to dismiss for failure to claim patent eligible subject matter under 35 U.S.C. § 101.[1]
Joint Inventorship Claim for Online Dating Patent Ends in Heartbreak, Attorneys’ Fees Award
After a series of procedurally complex twist and turns that resulted in an agreement by plaintiff to not oppose defendants’ motion for summary judgment, U.S. District Judge Paul A. Engelmayer (S.D.N.Y.) granted defendants Lori Cheek and Cheek’d Inc.’s motion for attorney fees under 35 U.S.C. § 285 and ruled that plaintiff’s counsel should pay.
What is Produced in the Southern District, Stays in the Southern District: Judge Rakoff Denies Plaintiff’s Requests to Use Documents In Chinese Proceeding
Last year we reported on the patent dispute between Plaintiff SIMO Holdings, Inc. (“SIMO”) and Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd. (collectively, “uCloudlink”). (See posts from June 2019 and October 2019.) With the trial concluded—and with numerous pre- and post-trial disputes on appeal to the Federal Circuit—all was momentarily quiet on the district court front. The parties, however, recently returned to the Southern District of New York with a fresh controversy.
Judge Cote Reconsiders Dismissal and Reinstates Willfulness Allegations
On April 30, 2020, Judge Cote granted reconsideration of her March 4 dismissal of Plaintiffs Signify North America Corp. and Signify Holding B.V.’s (“Signify”) allegations of willful infringement against Defendant Axis Lighting Inc. (“Axis”).
Judge Moses Recommends Awarding to Plaintiff Defendant's Profits Under 35 U.S.C. § 289 for Infringement of a Design Patent
On April 21, 2020, Magistrate Judge Barbara Moses (S.D.N.Y.) issued a recommendation that Plaintiff Evriholder Products LLC (“Evriholder”) be awarded: (1) damages under 35 U.S.C. § 289 for infringement of U.S. Patent No. D524,612 ("the '612 patent") by Defendant Simply LBS Ltd. Co. (“Simply LBS”); (2) prejudgment interest; (3) costs; and (4) a permanent injunction forbidding infringement against a default judgment defendant.
Judge Matsumoto “Serves Up” Transfer Motions for Improper Venue in EDNY
On April 7, 2020, U.S. District Judge Kiyo A. Matsumoto (EDNY) granted the motions to transfer for improper venue of two sets of defendants comprising the architects (“Rossetti”) and the engineers (“Morgan”) that designed and built the allegedly patent infringing retractable roof systems of the Arthur Ashe and Louis Armstrong tennis stadiums located in Queens, N.Y. as part of the National Tennis Center.
Mobile Marketing Vehicle Infringement Suit Runs Out of Gas
On April 6, 2020, U.S. District Judge J. Paul Oetken (S.D.N.Y.) granted defendant Aardvark Event Logistics, Inc’s motions to exclude plaintiff Bobcar Media, LLC’s expert testimony and for summary judgment, dismissing all of Bobcar’s remaining claims.
Judge Oetken Rules Peloton Can Ride Away from Invalid Patent
On April 2, 2020, Judge Oetken granted summary judgment of anticipation and resolved a variety of contract and tort claims in a long-running feud between VR Optics (“VRO”), Peloton Interactive, Inc. (“Peloton”), and Peloton’s design consultant Villency Design Group LLC (“VDG”).
Judge Ramos Finds “Bad Faith” Enforcement of a Patent is Not Patent Misuse
On March 23, 2020, U.S. District Court Judge Edgardo Ramos granted a motion to dismiss counterclaims and strike affirmative defenses because they were not plausible and did not meet the heightened pleading requirements of Fed. R. Civ. P. 9(b).
Judge McMahon’s Motions in Limine Rulings Clear Way for Ferring v. Serenity Trial
The years-long dispute may finally be headed for trial between Ferring Pharmaceuticals, Inc. and its affiliates, Serenity Pharmaceuticals, LLC, and Reprise Biopharmaceutics, LLC over patents claiming a sublingual application of desmopressin, a drug used to treat symptoms of diabetes insipidus, including frequent nighttime urination (“nocturia”). On March 11, 2020, U.S. District Judge Colleen McMahon (S.D.N.Y.) ruled on three motions in limine filed by defendants and counterclaimants Serenity and Reprise.
Judge Woods Finds Dating App Patent Doesn’t “Match Up” With Section 101
On March 6, 2020, United States District Court Judge Gregory H. Woods (S.D.N.Y.) granted Defendant Humor Rainbow Inc.’s (“Humor”) motion to dismiss. The Court found that the asserted claim of U.S. Patent 6,685,479 (“the ’479 patent”) was invalid under 35 U.S.C. § 101 as directed to “the abstract idea of a matchmaking algorithm.”
As Trial Concludes, Judge Hellerstein Issues, then Reconsiders, Patent Marking Ruling
As trial in Kaufman v. Microsoft Corporation wound down yesterday, United States District Court Judge Alvin K. Hellerstein (S.D.N.Y.) granted Defendant Microsoft Corporation (“Microsoft”)’s motion to limit damages to those after the filing of the complaint under 35 U.S.C. § 287(a) because Plaintiff failed to mark a website offering to sell his patented product with the patent number of the patent-in-suit. However, later that day, the Court granted Plaintiff’s motion for reconsideration, and permitted Plaintiff to seek pre-suit damages.
Judge Hellerstein Holds Post-Suit Knowledge of Patent Inadequate to Survive Summary Judgment of No Willful Infringement
On January 22, 2020, United States District Court Judge Alvin K. Hellerstein (S.D.N.Y.) denied Defendant Microsoft Corporation (“Microsoft”)’s motion for summary judgment as to non-infringement, but granted Microsoft’s motion as to willful infringement, holding that willfulness should not go to the jury without record evidence of pre-suit knowledge of the patent-in-suit.
Judge Hellerstein Allows Damages Expert Testimony as “Posture” Isn’t Everything
On January 14, 2020, United States District Court Judge Alvin K. Hellerstein (S.D.N.Y.) denied Plaintiff Michael Philip Kaufman’s motion to exclude testimony from Defendant Microsoft Corporation (“Microsoft”)’s damages expert, finding that Plaintiff’s objections would be more properly raised during cross-examination.
Judge Moses Holds Awards of More Than $1 are Not “Nominal”
Judge Paul G. Gardephe recently issued an Order of Default against Defendant Deep Blue Health New Zealand Ltd. (“Deep Blue Health”). Deep Blue Health had been accused of patent infringement by Plaintiff American Infertility of New York, P.C. (“American Infertility”), yet never defended the litigation. American Infertility sought compensatory damages of $10,000, attorneys’ fees of $24,250, consulting expenses of $19,250, and costs of $4,272.60. On December 30, 2019, Magistrate Judge Barbara Moses (S.D.N.Y.) recommended to Judge Gardephe that American Infertility be awarded $4,273.60 from Deep Blue Health, representative of the $4,272.60 of costs and only $1 of compensatory damages.
Plaintiff’s Filing of Action Outside of State of Residence Supports Transfer of Action
On January 14, 2020, District Judge Ronnie Abrams (S.D.N.Y.) granted Defendant LinkedIn Corp.'s ("LinkedIn") motion, pursuant to 28 U.S.C. § 1404(a), to transfer to the Northern District of California a patent infringement action brought against it by Plaintiff NetSoc, LLC's ("NetSoc"). Notably, the Court found relevant the fact that NetSoc is based in Texas and thus already chose to litigate in a forum that requires travel and increased expenses as well as the fact that it has not reported transacting business in New York.
Judge Abrams Analyzes Application of Collateral Estoppel Doctrine Even Though Parties Didn’t Dispute It
On January 13, 2020, District Judge Ronnie Abrams (S.D.N.Y.) granted Defendant Chegg Inc.'s ("Chegg") motion to dismiss Plaintiff NetSoc, LLC's ("NetSoc") complaint on the ground that NetSoc is collaterally estopped from pursuing its claims of infringement of U.S. Patent No. 9,978,107 after a decision by the Northern District of Texas finding the patent invalid under 35 U.S.C. § 101.
Judge Castel Holds that Contemporaneous Documents Speak Louder than Words
On September 27, 2019, Judge P. Kevin Castel (S.D.N.Y) concluded that Serenity Pharmaceuticals Corporation (“Serenity”) and Reprise Biopharmaceutics, LLC (“Reprise”) had failed to prove by clear and convincing evidence that Dr. Seymour Fein, a former consultant for Ferring B.V., Ferring International Center S.A., and Ferring Pharmaceuticals Inc. (collectively, “Ferring”), was a co-inventor of Ferring’s U.S. Patent Nos. 7,560,429 (“the ’429 patent”) and 7,947,654 (“the ’654 patent”). The inventorship issue originally arose in the underlying patent infringement suit— as we’ve previously covered here.
Judge Abrams Finds That Working from Home Does Not Mean Venue is Proper
On October 2, 2019, District Judge Ronnie Abrams (S.D.N.Y.) granted Defendant Quora Inc.’s (“Quora”) motion to transfer the case to the Northern District of California.
Judge Netburn Finds Defendant That Won Partial Summary Judgment Is a "Prevailing Party" for Purposes of Attorneys' Fees
In her September 2018 summary judgment decision, U.S. District Judge Alison J. Nathan (S.D.N.Y.) found that one of seven patents asserted by Plaintiff Seoul Viosys Co. ("SVC") was invalid, and that SVC was not entitled to a remedy for infringement of another asserted patent. However, Judge Nathan found that the five remaining patents were valid. Plaintiff's claims related to those five patents were subsequently resolved by stipulation with Defendant P3 International Corp. ("P3").
Lights Out: Judge Carter Grants Motion to Dismiss For Improper Venue
On September 30, 2019—more than two years after Plaintiff, Electric Mirror, LLC (“Electric Mirror”) first brought suit for patent infringement in the Southern District of New York—United States District Judge Andrew L. Carter granted Defendants Project Light, LLC, Project Light, Inc., Prospetto Light, LLC, and Prospetto Lighting, LLC’s (collectively, “Project Light”) motion to dismiss for improper venue.
The case had been stayed for more than a year pending the outcome of a related proceeding before the United States International Traded Commission (“ITC”). Once the ITC-related stay was lifted, Defendants filed a motion to dismiss pursuant to 28 U.S.C. § 1406(a) for, inter alia, improper venue. Plaintiff challenged the timeliness of that motion, as well as the merits.
Judge Ramos Determines That Rule 45 Allows the Person Subject to a Subpoena—Not a Party—to Consent to Transfer
On October 3, 2019, District Judge Edgardo Ramos (S.D.N.Y.) granted SBA Communications Corporation’s (“SBA”) motion to transfer to the Eastern District of Texas a dispute over a subpoena served by Fractus, S.A. (“Fractus”) in connection with an ongoing patent infringement lawsuit filed in the Eastern District of Texas.
Judge Cote Dismisses Complaint that Doesn’t Adequately Allege Infringement of an Abstract Idea
On October 2, 2019, District Judge Denise Cote (S.D.N.Y.) granted Defendant Green Dot Corporation's ("Green Dot") motion to dismiss Plaintiff Western Express Bancshares, Inc.'s ("Western Express") on the grounds that the complaint fails to plead facts sufficient to state a plausible claim of patent infringement and that the patent claims patent-ineligible subject matter under 35 U.S.C. § 101.
Judge Oetken Clarifies the Evidentiary Proof Needed for a Preliminary Injunction
On September 11, 2019, Judge J. Paul Oetken issued an order illustrating key factors a patentee is required to prove in order to obtain an injunction barring sales of a defendant’s allegedly infringing products pending the conclusion of the litigation.
Judge Hall Holds an Answer Waived Privilege by Selectively Pleading Protected Communications
On September 19, 2019, U.S. District Judge LaShann DeArcy Hall denied an appeal by the defendant in a litigation to correct the inventorship of patents of rulings by Magistrate Judges Gary R. Brown and Peggy Kuo that the defendant had waived the attorney-client privilege as to certain disputed communications.
Judge Rakoff Awards Damages Based On Plaintiff’s Estimate of International Sales
SIMO Holding Inc. ("SIMO") sued Defendants uCloudlink Network Technology Ltd. and uCloudlink (America), Ltd. (together, "uCloudlink") in June 2018, alleging infringement of SIMO's U.S. Patent No. 9,736,789 by a line of mobile WiFi hotspot devices and a mobile "world phone" sold by uCloudlink. In April 2019, Judge Jed S. Rakoff (S.D.N.Y.) granted SIMO's motion for summary judgment of infringement. At trial, a jury found that uCloudlink willfully infringed and awarded approximately $2.2 million in compensatory damages. The court thereafter applied a 30% damages enhancement for willfulness.
Licensee May Bring Infringement Suit, For Now
On September 11, 2019, United States District J. Paul Oetken denied Defendants Tekno Products, Inc. and Max Deluxe Limited (“Max Deluxe”)’s motion for judgement on the pleadings in a patent infringement action pending in the Southern District of New York. Defendants argued that Plaintiff MIEH, Inc. (“MIEH”) had failed to join in the action the assignee of the disputed U.S. Patent No. 9,731, 212 (the “’212 Patent”), entitling Max Deluxe to a dismissal pursuant to Federal Rule of Civil Procedure 12(c). The Court disagreed, for now.
Plaintiff's Infringement Contentions Proved Anticipation of Its Own Patent
On August 16, 2019, U.S. District Judge Alison J. Nathan (S.D.N.Y.) denied Plaintiff Seoul Viosys Co.'s ("SVC") motion for reconsideration of the court's September 2018 summary judgment decision, and, on August 21, 2019, the clerk entered judgment in favor of Defendant P3 International Corp. ("P3").
Stay In Place: Judge Azrack Declines to Lift Stay Until Federal Circuit Weighs In
On August 6, 2019, United States District Judge Joan M. Azrack denied Plaintiff Andrea Electronics Corporation (“Andrea”)’s motion to lift the stay in Andrea Electronics Corp. v. Apple Inc., No. 16-cv-5220 (E.D.N.Y.) and, accordingly, granted Defendant Apple Inc. (“Apple”)’s cross-motion to continue the stay. The stay will remain in place pending final resolution of the IPR proceedings before the Court of Appeals for the Federal Circuit.
Judge Woods Construes Claims in View of Patents Incorporated by Reference in the Specification
On July 29, 2019, Judge Gregory Woods illustrated how subject matter that is incorporated by reference in the specification can impact the scope of the claims in claim construction.
Defendants May Proceed with Inter Partes Review Petitions Despite Forum Selection Clause
On July 2, 2019, District Judge Denise Cote (S.D.N.Y.) denied Plaintiff NuCurrent Inc.'s ("NuCurrent") motion for a preliminary injunction seeking to have Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively, "Samsung") withdraw and dismiss its IPR petitions.
Judge Daniels Settles an “Over the Top” Dispute Finding “Upper” Means “Above”
On June 12, 2019, Judge George B. Daniels (S.D.N.Y.) ruled on claim construction disputes in an action brought by Plaintiff The Topps Company, Inc. (“Topps”) against Koko’s Confectionery & Novelty (“Koko”). Topps alleged infringement of U.S. Patent No. 6,660,316 (“the ’316 patent”), which relates to a candy product comprising a housing with separate chambers.
Buried Broadband and Single Layer Capacitor Competitors Head to Trial
Trial is underway between Plaintiffs American Technical Ceramics Corp. and AVX Corp. (together, “Plaintiffs”) and Defendant Presidio Components, Inc. (“Presidio”), following the Court’s May 30, 2019 ruling on the parties’ Daubert motions and May 31, 2019 ruling on the parties’ various motions in limine. U.S. District Judge Kiyo A. Matsumoto (E.D.N.Y.) is presiding over the trial that began on June 10, 2019.
Balancing Considerations, Judge Rakoff Grants “Modest” Enhancement of Damages
On June 3, 2019, Judge Jed S. Rakoff (S.D.N.Y.) granted in part Plaintiff SIMO Holdings, Inc. (“SIMO”)’s application for increased damages under 35 U.S.C. § 284. The ruling followed a series of favorable decisions and verdicts for SIMO, including: summary judgment as to infringement on certain claims of U.S. Patent 9,736,689 (“the ’689 Patent”); a jury award to SIMO for compensatory damages in the amount of $2,183,562.40; and a jury finding that Defendants Hong Kong uCloudlink Network Technology Limited and uCloudlink (America), Ltd. (collectively, “uCloudlink”) had willfully infringed.
Judge Schofield Rules Claims that “Comprise” Elements “Consisting Of” Other Elements Are “Closed-Ended”
On June 4, 2019, Judge Lorna G. Schofield (S.D.N.Y.) ruled on claim construction disputes in an action brought by Plaintiff EMED Technologies Corporation (“EMED”) against Defendant Repro-Med. Systems, Inc. (“RMS”). EMED alleged infringement by RMS of U.S. Patent No. 9,808,576 (“the ’576 patent”), which relates to a medical device for the treatment of Primary Immunodeficiency Disease.
Judge Woods Transfers Case to Where the Witnesses and Documents Are Located
On June 11, 2019, District Judge Gregory Woods (S.D.N.Y.) granted Defendants HTC Corp.'s and HTC America, Inc.'s ("HTC America") (collectively, "HTC") motion to transfer a patent infringement case brought by Dynamic Data Technologies, LLC ("DDT") to the Western District of Washington ("W.D. Wash.") pursuant to 28 U.S.C. § 1404(a).
Judge McMahon Holds that Ferring’s Arguments Do Not Undermine Patent Examiner
On April 22, 2019, Judge Colleen McMahon (S.D.N.Y.) denied plaintiffs Ferring’s (“Ferring”) motion for summary judgment on invalidity due to lack of written description and lack of enablement and motion for summary judgment on non-infringement in Ferring B.V. v. Serenity Pharm., LLC. Ferring filed a declaratory judgment suit against defendants Serenity and Reprise (“Defendants”) for patent invalidity, unenforceability and non-infringement with respect to the three patents in suit in the District of Delaware. The suit was subsequently transferred to the Southern District of New York, where the Defendants answered the Amended Complaint and asserted counterclaims, including patent infringement.
Judge Rakoff Rules "And" can mean "Or"
On April 25, 2019, United States District Judge Jed S. Rakoff (S.D.N.Y.) ruled that in the context of a patent, there are times when the conjunctive claim term "and" can be interpreted to mean a disjunctive "or". Judge Rakoff ruled that this was the case with the claims of U.S. Patent No. 9,736,689.
Judge Hellerstein Upholds the Sufficiency of a Complaint that Alleges "Any Implementation" of a Standard is Infringed by Components that Comply with that Standard
On April 23, 2019, United States District Judge Alvin Hellerstein (S.D.N.Y.) denied Defendant Dell Inc.'s motion to dismiss Data Technologies' amended complaint for failure to state a claim pursuant to Rule 12(b)(6).
Judge Cote Interprets Covenant Not to Sue as Broader Than License Grant Within the Same Contract
On Apri1 15, 2019, District Judge Denise Cote (S.D.N.Y.) denied Defendant St. Lawrence Communications, LLC ("SLC")'s motion for summary judgment that the scope of a covenant not to sue does not preclude a separate lawsuit for patent infringement against LG Electronics, Inc. ("LG") in the Eastern District of Texas. In the E.D. Tex. lawsuit, SLC and its successor-in-interest, EVS Codec Technologies, LLC ("ECT") allege that LG infringes a patent that covers an audio coding standard called "Enhanced Voice Services" ("EVS").
Water-Resistant Zipper Patent Also Resists Invalidity Arguments and Survives Summary Judgment
On March 31, U.S. District Judge Gregory H. Woods (S.D.N.Y.) ruled on various summary judgment motions of Plaintiffs Au New Haven, LLC and Trelleborg Coated Systems US, Inc. (together, “Plaintiffs”) and Defendant YKK Corporation and its affiliates (together, “YKK”). Judge Wood’s decision relied on U.S. Magistrate Judge Sarah Netburn’s (S.D.N.Y.) March 19, 2019 ruling on the parties’ motions to exclude each other’s expert witnesses.
Use it or Lose It: Judge Cote Denies Motion for Sanctions as Untimely
On April 1, 2019, United States District Judge Denise Cote (S.D.N.Y.) denied Plaintiff Wine Enthusiast, Inc.'s motion for sanctions against Defendant Vinotemp for filing an allegedly frivolous counterclaim of design patent infringement.
Judge Furman Denies Summary Judgment to Defendant and Construes Disputed Claim Terms for “Cool” Pet Beds
On March 13, 2019, District Judge Jesse M. Furman (S.D.N.Y.) ruled on Defendant European Home Design, LLC’s (“European Home”) motion for summary judgment, as well as the parties briefing on claim construction of certain disputed terms in U.S. Patent No. 8,720, 218 (“the ’218 Patent”). In this suit, Plaintiff Green Pet Shop Enterprises, LLC (“Green Pet Shop”) sued European Home claiming that it had infringed its patent for a cooling platform for animals. You got it: A bed for pets that is capable of temperature regulation.
Judge Matsumoto "Puts to Bed" Claim Construction Disputes by Adopting Several Independent Constructions, But Defers Ruling on Indefiniteness
On February 25, 2019, District Judge Kiyo Matsumoto (E.D.N.Y.) ruled on claim construction and indefiniteness disputes in an action brought by Plaintiff Bedgear, LLC against Defendant Fredman Bros. Furniture Co., Inc. d/b/a as Glideaway Sleep Prods. Plaintiff alleged infringement by Defendant of four patents pertaining to pillow covers and bedding systems: U.S. Patent Nos. 8,646,134; 8,887,332; 9,015,883 ("the '883 patent"); and 9,155,408.
Judge Ramos Finds Notice of Infringement Letter to Reseller Isn’t so Bad
On February 8, 2019, United States District Judge Edgardo Ramos (S.D.N.Y.) issued a decision granting Defendants AAVN and Next Creations Holding's Rule 12(b)(6) motion to dismiss Globe Cotyarn's federal law claim of false advertising under the Lanham Act, and New York State law claims of unfair competition, tortious interference with a business relationship, and deceptive acts, with leave to amend.
You Can’t Use That Now: Judge Matsumoto Estops Defendant from Using Prior Art It Could Have Used During IPR
On January 30, 2019, District Judge Matsumoto (E.D.N.Y.) ruled that Defendant Presidio Components, Inc. (“Presidio”) was estopped from asserting invalidity grounds that were not included in its petition for inter partes review against U.S. Patent No. 6,144,547 (“the ’547 patent).
Judge Sweet Holds “Transmucosal” Delivery Does Not Require Mucosal Membrane Absorption
On January 22, 2019, Judge Robert W. Sweet (S.D.N.Y.) issued a claim construction opinion in Ferring B.V. v. Serenity Pharm., LLC following a Markman hearing. Plaintiffs Ferring (“Ferring”) moved for claim construction of disputed preamble claim terms in U.S. Patent Nos. 7,405,203 (the “’203 Patent”) and 7,579,321 (the “’321 Patent”), two patents owned by Defendants Serenity (“Serenity”).
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