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Zachary “Zack” Alper is an associate in the Intellectual Property Practice Group in the firm's San Diego (Del Mar) office.

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Inline Plastics Corp. (“Inline”) filed a lawsuit against Lacerta Group, LLC (“Lacerta”), alleging infringement of several patents related to tamper-resistant containers and methods of making such containers using thermoformed plastic. The district court granted Inline summary judgment of infringement on a subset of claims, but the jury found that the remaining asserted claims were not infringed and that all the asserted claims (including those already held infringed) were invalid. The parties then filed posttrial motions, including Inline’s motion for judgment as a matter of law and Lacerta’s motion for attorneys’ fees under 35 U.S.C. § 285, both of which were denied. Inline appealed on the grounds that it was entitled to judgment as a matter of law of no invalidity and that an error in the jury instructions with respect to the law of obviousness requires a new trial. Lacerta cross-appealed, challenging the district court’s denial of attorneys’ fees and the without prejudice dismissal of certain patent claims Inline voluntarily withdrew during trial.

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About

Zachary “Zack” Alper is an associate in the Intellectual Property Practice Group in the firm's San Diego (Del Mar) office.

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