News & Analysis as of

Medical Devices › Summary Judgment › Appeals

McDonnell Boehnen Hulbert & Berghoff LLP

Colibri Heart Valve LLC v. Medtronic Corevalve, LLC (Fed. Cir. 2025)

McDonnell Boehnen Hulbert & Berghoff LLP on

The doctrine of equivalents (DOE), a creation of the Supreme Court in Graver Tank & Mfg. v. Linde Air Products (1950), is balanced by the concept of prosecution history estoppel (PHE), the contours of which were delineated...more

Fishman Haygood LLP

U.S. Ninth Circuit Reinstates Product Liability Action that Had Been Dismissed on Statute of Limitations Grounds

Fishman Haygood LLP on

The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines...more

Bradley Arant Boult Cummings LLP

The Sad Tale of an On-Sale Bar Created by a “Business Associate”

Bradley Arant Boult Cummings LLP on

The Federal Circuit recently reversed a lower court’s summary judgment that a medical device design patent was not invalid under the on-sale bar. As a result, the patent owner (Junker) lost the $1.25M infringement damages...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Holds Expert Qualified in Surgical Tool Suit Despite Lack of Experience Using the Product

Faegre Drinker Biddle & Reath LLP on

The Eleventh Circuit recently reinstated a case alleging a surgical tool caused internal burns during a hysterectomy surgery, holding that the district court erred in disqualifying an expert on the basis that he had never...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Affirms Mirena MDL Court’s “Hard Look” at Plaintiffs’ Experts’ Methodology

Faegre Drinker Biddle & Reath LLP on

On December 8, 2020, the Second Circuit Court of Appeals affirmed the Southern District of New York’s granting of summary judgment in favor of Bayer — and resulting closure of all cases against Bayer — in the Mirena...more

Smart & Biggar

Rx IP Update - April 2018

Smart & Biggar on

Standing Committee on Health proposes National Pharmacare program, modifications to prescription and generic drug pricing - While common among member countries of the Organisation for Economic Co-operation and Development...more

Harris Beach Murtha PLLC

Circumstantial Evidence Ruled Not Enough in Case Against Medical Device Manufacturer

Harris Beach Murtha PLLC on

Frederick (Rick) Fern and the New York City Harris Beach Life Science Practice Group were successful in securing a summary judgment for medical device manufacturers Curlin Medical Inc., Moog Inc., and distributor B. Braun...more

Holland & Knight LLP

Healthcare Law Update: December 2016

Holland & Knight LLP on

Prompt Payment Discounts Not an Anti-Kickback Statute Violation - In United States of Am. et al. ex rel. Ruscher v. Omnicare, No. 15-20629, 2016 WL 6407128 (5th Cir. Oct. 28, 2016), the court of appeals affirmed summary...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

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide