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ScriptPro, LLC v. Innovation Assocs.

Plaintiffs ScriptPro, LLC and ScriptPro USA, Inc. (collectively, ScriptPro) sued Innovation Associates, Inc, alleging infringement of claims 1, 2, 4, and 8 of U.S. Patent No. 6,910,601. The district court granted summary judgment for Innovation Associates, holding that the asserted claims were invalid under 35 U.S.C. § 112, ¶ 1 (now § 112(a)), which requires, for a claim to be valid, that the patent’s specification describe the subject matter defined by the claim. The court rested its holding on a single conclusion—that the specification describes a machine containing “sensors,” whereas the claims at issue claim a machine that need not have “sensors.” ScriptPro LLC v. Innovation Assocs., Inc., No. 06-2468, 2012 WL 2402778 (D. Kan. June 26, 2012). ScriptPro appeals. Because summary judgment of invalidity on that ground is not appropriate here, we reverse. We do not have before us, and therefore do not address, other questions that may be raised by the generality of the language of the claims.

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