Cross-Motions for Summary Judgment: Be Careful What You Concede

Key Takeaways State‑driven regulation continues to shape product stewardship requirements, with California setting standards that may…

Firms building out portfolios of interconnected companies powering AI must consider structural, regulatory, and financial issues to ensure success.

In Enviro Tech Chemical Servs., Inc. v. Safe Foods Corp., the Federal Circuit recognized the permissibility of using “about” to “avoid a strict numerical boundary” for a claimed parameter, but held the claims at issue invalid as indefinite under 35 U.S.C. § 112(b). The court’s analysis highlights that the flexibility of “about” comes with a risk of invalidity, especially when the scope of the claimed range cannot be ascertained from the specification and prosecution history with reasonable certainty.