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Irwin IP Obtains Successful Supplemental Claim Construction and Non-infringement for Days Corporation

Irwin IP is pleased to announce that on June 27, 2022, Honorable Philip P. Simon entered an Order granting Irwin IP client Days Corporation (“Days”), now known as EQ United, supplemental claim construction and non-infringement of over one third of the remaining claims asserted against Days.  In granting Days’ motion, Judge Simon agreed that Days’ position was supported by the plain meaning of the claims, the doctrine of claim differentiation, the embodiments disclosed in the specification, and the statements made in the prosecution history.  Jason Keener was the key Irwin IP attorney who worked to obtain this win and we congratulate him on a fantastic result.  This latest decision follows two previous decisions in Days’ favor: summary judgment of non-infringement on one of the two asserted patents and partial summary judgment on damages, reducing any potential recovery by 80-90%.

See order here.

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