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Michael Barboun on Muck Rack

Michael Barboun

As seen in: The Legal Intelligencer, JD Supra, Mondaq
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Articles

Federal Circuit Finds the Word ‘About’ to Be Unclear: When Terms of Degree Cause Indefiniteness

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By Michael Barboun, Julie Goldemberg
| JD Supra
The US Court of Appeals for the Federal Circuit’s recent decision in Enviro Tech Chemical Services Inc. v. Safe Foods Corp. affirmed a finding that the term “about” rendered the claims indefinite. This precedential opinion illustrates how inconsistencies in the intrinsic evidence can cause terms of degree—which are often permissible—to run afoul of Nautilus’s requirement that claim scope be “reasonably certain” to a person of ordinary skill in the art. Enviro Tech sued Safe Foods Corp.
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Federal Circuit Finds the Word ‘About’ to Be Unclear: When Terms of Degree Cause Indefiniteness

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By Julie Goldemberg, Michael T. Sikora, Michael Barboun
| morganlewis.com
The US Court of Appeals for the Federal Circuit’s recent decision in Enviro Tech Chemical Services Inc. v. Safe Foods Corp. affirmed a finding that the term “about” rendered the claims indefinite. This precedential opinion illustrates how inconsistencies in the intrinsic evidence can cause terms of degree—which are often permissible—to run afoul of Nautilus’s requirement that claim scope be “reasonably certain” to a person of ordinary skill in the art. Enviro Tech sued Safe Foods Corp.
Open in Who Shared Issue with article?

Judges Criticize Ninth Circuit’s Copyright Infringement Test in Concurring Opinions Post-Kat Von D Verdict

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By Joshua M. Dalton, Benjamin Anger, Michael Barboun
| morganlewis.com
The US Court of Appeals for the Ninth Circuit has affirmed the district court’s judgment in Sedlik v. Von Drachenberg, a closely watched copyright infringement case involving famed tattoo artist Kat Von D and a photograph of jazz legend Miles Davis.
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