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7 Sep 12:35 pm
... to Disqualify the law firm of Howrey LLP from representing plaintiffs Boston Scientific Corporation and Boston Scientific Scimed, Inc. in these referenced cases. Background Wyeth is a global ... that use very similar variations on the name Wyeth Pharmaceutical, such as Wyeth Pharmaceuticals, Inc. and Wyeth Pharmaceuticals Limited. There was no question that Howrey has handled ... was never automatic (citing Elonex I.P. Holdings, Ltd. v. Apple Computer, Inc., 140 Second F.Supp. 2d 579, 583 (D.Del. 2001)) ...
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
15 Jan 11:09 pm by Barry Barnett
... Cordis for making Cyper stents like this one. Recall that KSR Int'l Co. v. Teleflex, Inc., 127 S. Ct. 1727 (2007) (see post), eased the test for patent-invalidating "obviousness" -- ... of the patent obvious in light of an earlier patent that disclosed -- surprise! -- a drug-eluting stent. Boston Scientific Scimed, Inc. v. Cordis Corp., No. 08-1073 (Fed. Cir. Jan. 15, 2009). Descriptions of patent lawsuits involving Boston Scientific covers pages 20-29 of its latest Form 10-Q report. And they spend, ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
8 Aug, 2007 7:19 am by Bill Heinze
In Boston Scientific Scimed, Inc. v. Medtronic Vascular, Inc. (August 8, 2007), the Federal Circuit held that "a foreign application may only form the basis for priority under section 119(a) if that application ... invention actually made by the inventive entity seeking to rely upon it for priority purposes. According to the opinion by Circuit Jude Mayer: Scimed attempts to construe this language as permitting a U.S. applicant to benefit from a foreign application's earlier filing date whenever "the ...
I/P Updates - http://ip-updates.blogspot.com
6 Nov, 2008 3:08 am by Lawrence B. Ebert
... the inventor invented the claimed invention as of the filing date sought. Lockwood v. Am. Airlines, Inc., 107 F.3d 1565, 1572 (Fed. Cir. 1997); see also LizardTech, ... gene coding sequence from one bacterial source . . . ." Carnegie Mellon Univ. v. Hoffman-LaRoche Inc., 541 F.3d 1115, 1125 (Fed. Cir. 2008) The relevance of the older Eli ... BPAI), and the argument was NOT considered under the rule expressed in Boston Scientific Scimed, Inc. v. Medtronic Vascular, Inc., 497 F.3d 1293, 1298 (Fed. Cir. ...
IPBiz - http://ipbiz.blogspot.com
8 Aug, 2007 9:31 am by Barry Barnett
Blawgletter doesn't often see elegance in judicial opinions, but we do admire the Federal Circuit's eight-page gem today in Boston Scientific Scimed, Inc. v. Medtronic Vascular, Inc., No. 06-1434 (Fed. Cir. Aug. 8, 2007). The court considered which among three patent applications had priority. One patent owner alleged that a foreign application established its priority. But the district court and the Federal ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
30 Mar 8:12 am
... issue. While the Federal Circuit affirmed the district court's construction of two disputed claim terms, according to the Federal Circuit, a single reference disclosing multiple embodiments in sequential drawings that disclosed all the claim limitations rendered the claim in question obvious. More details of Boston Scientific Scimed, Inc. v. Cordis Corp. after the jump. [More]
Filewrapper.com - http://www.Filewrapper.com/index.cfm
8 Aug, 2007 11:40 am by Dennis Crouch
Boston Scientific SciMed v. Medtronic Vascular (Fed. Cir. 2007). SciMed's patent application was originally filed by a European company (MinTec) in February 1994 as an European Patent Application. ... the foreign application was filed." (emphasis in original) Notes: This decision [LINK]: Scimed Life Sys., Inc. v. Medtronic Vascular, Inc., - F.3d - (Fed. Cir. 2007). Final BPAI ... (B.P.A.I. July 21, 2001). Trial Court Decision: Scimed Life Sys., Inc. v. Medtronic Vascular, Inc., 486 F. Supp. 2d 60 (D.D.C ...
Patently-O - http://www.patentlyo.com/patent/
6 Nov, 2008 11:50 am
... Bard Pelvicol 64 10/15/2001 to 05/08/2008 Pelvisoft 1 Boston Scientific Scimed Prefyx PPS 23 08/11/2006 to 9/3/2008 Obtryx Curved Single 1 On 01/10/2006 Obtryx Mesh Sling 62 08/24 ... /2008 Gynecare Secur 1 Single Report on October 4, 2007 TVT (See Ethicon, Inc. and Johnson & Johnson) (K974098) 4 07/21/2003 to 10/04/2007 ... Johnson Tension-Free Vaginal Tape (K974098) Also Medscand Medical Lab (Sweden), Ethicon, Inc., Ethicon Sarl (Switzerland), 495 05/12/1999 to 02/27/2007 Mentor ObTape ...
West Palm Beach Personal Injury Lawyer - http://westpalmbeach.injuryboard.com/
17 Aug 12:40 pm by Pilar G. Kraman
... her prior decision, Judge Robinson applied the standard reinforced by the Federal Circuit in 2008 in Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., 538 F.3d 1365 ( ... made a deliberate decision to withhold a known material reference.'" Id. at 8 (citing Star Scientific, 537 F.3d at 1366) (emphasis added). Judge Robinson determined that the clear and convincing ... PTO examiner. Id. at 9-10. Cordis Corporation v. Boston Scientific Corporation and Scimed Life Systems, Inc., C.A. No. 98-197-SLR (D. Del ...
Delaware IP Law Blog - http://www.delawareiplaw.com/
18 Jul, 2008 8:34 am
... rules against Apotex reverse doctrine of equivalents: Roche Palo Alto & Allergan, Inc v Apotex: (Patent Circle), Carbatrol (Carbamazapine) - US: Federal judge allows Corepharma to ... CAFC remands stent patent case over 'ambiguity': G David Jang MD v Boston Scientific & SciMed Life Systems: (IP Law360), (Patent Prospector), Boston ... patent infringement case, relies on patentee's advice on counsel: Fisher Tools Co, Inc v Gillet Outillage: (IP Spotlight), Google - Google accused of ad fraud by ...
IP Thinktank - http://duncanbucknell.com/blog
2 Apr 12:44 am by Lawrence B. Ebert
Global Patent Holdings, represented by Niro Scavone, lost an appeal at the CAFC. Elsewhere, in the stent wars, Cordis Corporation ("Cordis") appeals, and Boston Scientific Corporation and Scimed Life Systems, Inc. ("Boston Scientific") cross-appeal, from a final judgment of the United States District Court for ... a motion for a new trial for abuse of discretion. Hewlett-Packard Co. v. Mustek Sys., Inc., 340 F.3d 1314, 1318 (Fed. Cir. 2003). Each party raises issues that have ...
IPBiz - http://ipbiz.blogspot.com
3 Sep, 2008 9:21 am by Lawrence B. Ebert
... and its distinction of the invention from the prior art based on that objective); SciMed Life Sys., Inc. v. Advanced Cardiovascular Sys., Inc., 242 F.3d 1337, 1342-44 (Fed. ... of an inventor "cannot be relied on to change the meaning of the claims." Markman v. Westview Instruments, Inc., 52 F.3d 967, 983 (Fed. Cir. 1995) (en banc), aff'd, ... http://www.cafc.uscourts.gov. The CAFC distinguished the Jang case: Unlike Jang v. Boston Scientific Corp., 532 F.3d 1330 (Fed. Cir. 2008), where we vacated and ...
IPBiz - http://ipbiz.blogspot.com
         
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