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Insurers’ COVID-19 Notepad: What You Need to Know Now - Week of July 25, 2022

Client Alert | 1 min read | 07.25.22

Court Dismisses COVID-19 Business Interruption Claim

On July 19, 2022, the Court of Appeals of North Carolina affirmed the dismissal of a property owner’s COVID-19 business interruption claim. The court concluded that the plaintiff’s complaint failed to state a claim for “direct physical loss” to its dwelling because it failed to allege any lost income due to damage or destruction of the property when it alleged only that roads accessing the property were closed due to the prohibition on entry into the county by non-resident visitors related to the COVID-19 pandemic. Opinion at 8-9. The court also found that there was no coverage for loss of use where there was no allegation that the county prohibited the plaintiff from using its property. Id. at 10-11. The case is Four Roses, LLC v. First Protective Ins. Co.

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Client Alert | 6 min read | 11.26.25

From ‘Second’ to ‘First:’ Federal Circuit Tackles Obvious Claim Errors

Patent claims must be clear and definite, as they set the boundaries of the patentee’s rights. Occasionally, however, claim language contains errors, such as typographical mistakes or incorrect numbering. Courts possess very limited authority to correct such errors. The United States Court of Appeals for the Federal Circuit has emphasized that judicial correction is appropriate only in rare circumstances, where (1) the error is evident from the face of the patent, and (2) the proposed correction is the sole reasonable interpretation in view of the claim language, specification, and prosecution history. See Group One, Ltd. v. Hallmark Cards, Inc., 407 F.3d 1297, 1303 (Fed. Cir. 2005) and Novo Indus., L.P. v. Micro Molds Corp., 350 F.3d 1348, 1357 (Fed. Cir. 2003)....

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