There’s an Exception to Every Rule: Judge Schofield Finds a Comparison of the Plaintiff’s Patented System and the Accused System to be Relevant to Infringement

In a recently published opinion, Judge Lorna G. Schofield (S.D.N.Y.) found that it was appropriate to compare the accused system to a plaintiff’s commercial system embodying the asserted patent claims, rather than the patent claims themselves, to show non-infringement. The court recognized that, as the Federal Circuit held in Zenith Labs. v. Bristol-Myers Squibb Co., 19 F.3d 1418, 1423 (Fed. Cir. 1994), it is ordinarily “error for a court to compare in its infringement analysis the accused…
By: Patterson Belknap Webb & Tyler LLP