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James R. Barney

Fed. Circ. Revives Markem Printer Patent Suit

September 9, 2011

Law360

On September 9, 2011, the Federal Circuit vacated a district court ruling in a declaratory judgment suit against Finnegan’s client Zipher and its parent company Videojet Technologies Inc., which found that the plaintiff did not infringe Zipher's patent. The Federal Circuit found that the lower court misconstrued a key claim term as too narrow, and remanded the case for further proceedings using the correct construction.

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