United States Federal Circuit

A patent for implantable defibrillators is invalid for indefiniteness under 35 U.S.C. section 112, where specification of the patent fails to disclose any structure corresponding to a "monitoring means" limitation.

Appellate Information

• Decided 07/11/2002
• Published 07/11/2002

Judges

• GAJARSA, Circuit Judge., Before NEWMAN, GAJARSA, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Lawrence M. Jarvis, McAndrews, Held & Malloy, Ltd., of Chicago, IL, argued for plaintiffs-appellants.   With him on the brief were Timothy J. Malloy, Stephen F. Sherry and Sharon A. Hwang.


• For Appellees:
  
• Denis R. Salmon, Gibson, Dunn & Crutcher LLP, of Palo Alto, CA, argued for defendants-appellees.   With him on the brief were Mark A. Perry and H. Mark Lyon. Of counsel on the brief were Jeffrey M. Olson, Lyon & Lyon LLP, of Los Angeles, CA;  and Michael I. Rackman, Gottlieb, Rackman & Reisman, P.C., of New York, NY.