Commenting on two precedential opinions issued by the Federal Circuit in Healthier Choices Management Corp. v. Philip Morris USA, Inc. and Sequoia Technology, LLC v. Dell, Inc., Washington, DC Principal Blair Jacobs noted that the opinion in Healthier Choices Management Corp. v. Philip Morris USA, Inc. teaches that “practitioners should address negative information that may discredit factual allegations in a complaint head-on to avoid having to deal with a motion to dismiss.” He added that Sequoia Technology, LLC v. Dell, Inc. “emphasizes the need to focus on the intrinsic record during claim construction as opposed to expert witnesses or other extrinsic sources as the opinion notes that intrinsic evidence always prevails in the claim construction process.” Click here and here to read the full articles.
