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ARTICLE · 26 DECEMBER 2022

D. Mass. Patent Litigation Update: November 2022

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Cozy, Inc. v. Dorel Juvenile Group, Inc., No. 1:21-cv-10134, Magistrate Judge Dein construed fifteen terms across four patents that share a common ancestor ( "the '749 patent") which expired...

United StatesIntellectual Property
Anthony Del Monaco
Anthony Del Monaco
Matthew C. Berntsen
Matthew C. Berntsen
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In Cozy, Inc. v. Dorel Juvenile Group, Inc., No. 1:21-cv-10134, Magistrate Judge Dein construed fifteen terms across four patents that share a common ancestor ( "the '749 patent"), which expired due to non-payment of maintenance fees. Selected terms are addressed here.

Selected Terms in the Patents

1. "Prefilled" and "Being Filled"

The parties agreed that "prefilled" and "being filled," as used in the patents, should have the same meaning.

Plaintiff contended that the Court should give these terms their plain and ordinary meaning, and defendant proposed to construe both "prefilled" and "being filled" to mean "having been filled in advance."

Specifically, defendant argued that "'[p]refilled' ... indicates that an action has taken place, i.e., the airbag has been filled by someone or something." Plaintiff disagreed, contending that "[t]he asserted claims are all apparatus or system claims" and "[i]t is improper to use claim construction to add action to

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