Wednesday, November 21, 2012

Federal Circuit -- EPLUS, INC. V. LAWSON SOFTWARE, INC.

Claims of indefiniteness not waived when denied in liminal motion and not referred to at trial or in JMOL.

For indefiniteness - the description must be in the terms, not discoverable from the terms.

Jury can rely on plain and ordinary meaning absent limiting construction.

District court did not err in enjoining the servicing of products sold before the injunction.

No abuse of discretion in excluding expert.


EPLUS, INC. V. LAWSON SOFTWARE, INC.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.