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  • Blog: Patent 213The Risk of Using “Consisting Essentially of” in Patent ClaimsPosted on October 18, 2019 by Stephanie D. Scruggs
    The legal meaning of the transition language “consisting essentially of” is well-established in Federal Circuit case law and is generally construed to mean that the composition or formulation (a) necessarily includes the listed ingredients and (b) is open to unlisted ingredients that do not materially affect the basic and novel properties of the composition.  Similarly,...
  • Blog: Antitrust UpdateSecond Circuit Denies En Banc Review, Entrenches Circuit Split in Liquor Law ChallengePosted on October 3, 2019 by Melissa R. Ginsberg, Meghan Larywon
    In February 2019, the Second Circuit held that Connecticut’s “post-and-hold” alcohol pricing statute is not preempted by Section 1 of the Sherman Act. In September 2019, following a petition for en banc review, the Second Circuit declined to reconsider the panel’s decision. In a vigorous dissent from the decision declining en banc review, Judge Sullivan – joined [...]

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