Magistrate Judge Ramirez Recommends that H-W Technology’s Patent Infringement Lawsuit Not Be Dismissed

On May 28, 2013, Magistrate Judge Ramirez issued a ruling (available here) recommending that defendants’ motion to dismiss be denied. Defendants had claimed that H-W Technology’s complaint should be dismissed because its patent was allegedly invalid for combining two statutory classes of invention within a single claim. Judge Ramirez found that a court “cannot determine the indefiniteness or validity of a claim without construing the claim to determine its meaning and scope.” Because the court had not yet construed the claims of the patent, Judge Ramirez denied defendants’ motion to dismiss.

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