In Pregis Innovative Packing Inc. v. Sealed Air Corp., C.A. No. 13-1084-LPS (D. Del. May 28, 2014), Judge Leonard P. Stark construed the disputed term “consisting essentially of” in U.S. Reissue Patent No. 38,745 and U.S. Patent No. 6,607,803 to mean “consisting of the structure, material, or acts that are recited in a claim, together with any other structure, material, or acts whose inclusion does not materially affect the basic and novel properties of the invention defined in the claim.”
Pregis Innovative Packing Inc. v. Sealed Air Corp., C.A. No. 13-1084-LPS (D. Del. May 28, 2014),
Delaware IP Law Blog 