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Medical Devices › Patent Infringement › Claim Construction

McDermott Will & Schulte

The Clear and Unmistakable Standard for Applying Prosecution Disclaimer

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit found that a district court misconstrued claim terms based on a misapplication of the clear and unequivocal disavowal standard and vacated its noninfringement decision. Maquet...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: The Federal Circuit Remands and Reassigns District Court Patent Infringement Case to a New Judge

Vorys, Sater, Seymour and Pease LLP on

In this edition of The Precedent, we outline the decision in Trudell Medical International Inc. v. D R Burton Healthcare LLC. The U.S. Court of Appeals for the Federal Circuit recently affirmed in part, reversed in part and...more

Knobbe Martens

Niazi’s Patent Survives on Appeal: Federal Circuit Reverses In Part Lower Court’s Decision

Knobbe Martens on

On April 11, 2022, Niazi Licensing Corporation (“Niazi”) succeeded in part in its appeal at the Federal Circuit in Niazi Licensing Corporation v. St. Jude Medical S.C. Inc. Niazi’s lawsuit alleged that St. Jude Medical S.C....more

Knobbe Martens

“Pliable” Language Results in “Resilient” Patent Claims

Knobbe Martens on

NIAZI LICENSING CORPORATION v. ST. JUDE MEDICAL S.C., INC. Before Taranto, Bryson, and Stoll. Appeal from the U.S. District Court for the District of Minnesota. Summary: Providing examples in the claim language and...more

Fox Rothschild LLP

Judge Andrews Issues Markman Opinion Construing Remaining Terms In Dispute In Four Patents-In-Suit In Infringement Action...

Fox Rothschild LLP on

By Memorandum Opinion entered in Conformis, Inc. v. Medacta USA, Inc., Civil Action No. 19-1528-RGA (D.Del. March 4, 2021), The Honorable Richard G. Andrews construed the remaining terms in dispute in the four (4)...more

Robins Kaplan LLP

Lessons for Life Science and Medical Device Companies Post-Nautilus

Robins Kaplan LLP on

Under the U.S. Patent laws, claims must particularly point out and distinctly claim what the inventor understands her invention to be. Up until three years ago, the inquiry for determining indefiniteness was to ask whether...more

McDermott Will & Schulte

Look to Specification to Interpret Facially Unclear Claims

McDermott Will & Schulte on

Addressing claim construction issues, the US Court of Appeals for the Federal Circuit reiterated the necessity of reading claims in the context of the written description when they are not clear on their face. Howmedica...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Case Digest: Ethicon Endo-Surgery, Inc. v. Covidien, Inc.

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

Decision Date: August 7, 2015 - Court: U.S. Court of Appeals for the Federal Circuit - Patent: D661,801; D661,802; D661,803; D661,804 - Holding: Summary judgment of invalidity REVERSED; claim construction...more

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