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Earlier this month, the New York Court of Appeals vindicated Justice Perradotto's dissenting opinion in Ramos v. Howard Indus. Inc. In Ramos (COA opinion), the Court of Appeals addressed the novel issue concerning the burden a manufacturer has on summary
judgment to make a prima facie showing that no manufacturing defect
existed where the product has been spoliated.
in Ramos commenced a products liability action seeking damages for injuries
he allegedly sustained when a tr
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Claims requiring an "insert" do not cover products with similar structure not "inserted"
In a decision Wednesday, the Federal Circuit affirmed a district court ruling granting summary judgment of non-infringement. At the outset, the court noted the patent at issue had been before the court multiple times, and the claim terms at issue in this appeal had already been construed by the court in earlier cases...
Component Manufacturer's Defense Not Established for Summary Judgment
The Component Manufacturer's Defense Bars a Strict Products Liability Claim, But the Manufacturer Had Not Met the Standard for Summary JudgmentGonzalez v. Autoliv Asp, Inc. (Aug. 27, 2007, B188829, Second Appellate District, Division Eight)15 page opinionSummary judgment for an airbag manufacturer of a strict products liability cause of action was reversed because the manufacturer had not established through undisputed facts that it was entitled to the component manufacturer's defense as a matter of law...
New York Court to Decide Defendant's Burden of Proof for Summary Judgment on "Defect" Question
The New York Court of Appeals will hear arguments in February in Ramos v. Howard Industries, Inc., to consider a manufacturer's burden of proof to establish in a motion for summary judgment that its product was not flawed or defectively...
Efforts to terminate infringement after notice of patent doesn't avoid damages
In a decision Tuesday, the Federal Circuit vacated a district court's grant of summary judgment of non-infringement of a patent on the basis of claim construction. Specifically, the district court had improperly imported limitations from nonasserted claims into the asserted claims, resulting in an unduly narrow claim construction...
Claim term construed by construing different term in specification deleted from claim
In a decision last week, the Federal Circuit affirmed-in-part and vacated-in-part a district court's summary judgment of noninfringement based on a revised claim construction of two claim terms...
Claim construction from different case against different defendant applies in subsequent case
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In a decision yesterday, the Federal Circuit affirmed a district court's construction of a patent claim in an infringement case. However, the court vacated the district court's grant of summary judgment of noninfringement and remanded...