Each Claim Must be Individually Analyzed to Determine Patent’s Overall Validity

December 10, 2015 – A Massachusetts federal judge held that a prior court decision invalidating a select number of claims in a patent does not invalidate the entire patent and an analysis of each claim is necessary to determine the patent’s overall validity.  Kaz USA, Inc. argued in a motion for summary judgment that Exergen Corp. should be precluded from asserting two patents in an infringement lawsuit because several claims were previously found invalid by another court.  Exergen countered, and the court agreed, “Kaz’s argument amounts to an impermissible bypass of the required claim-by-claim analysis.”

The case is captioned Exergen Corp. v. Kaz USA, Inc., 13-cv-10628, in the District of Massachusetts.  The patents-at-issue are U.S. Patent Nos. 6,292,685 and 7,787,938, both titled “Temporal Artery Temperature Detector.”

By:  Christopher J. Stankus

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