United States Federal Circuit

In a patent case involving technology pertaining to diagnostic tools that not only detect but also classify hepatitis C virus (HCV) genotypes in a biological sample, a judgment against defendant for infringement of plaintiff's patent is reversed in part and remanded for a new trial with regards to a ruling that a particular claim of the patent at issue was not anticipated by another patent. A permanent injunction against defendant is also vacated, but the remainder of the judgment is affirmed over both parties' claims of error.

Appellate Information

• Decided 01/18/2008
• Published 01/18/2008

Judges

• MOORE, Circuit Judge., Before BRYSON, Circuit Judge, CLEVENGER, Senior Circuit Judge, and MOORE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John S. Skilton, Heller Ehrman LLP, of Madison, Wisconsin, argued for plaintiff-cross appellant.   With him on the brief were Christopher G. Hanewicz, David L. Anstaett, and Randy J. Kozel;  and Shannon M. Bloodworth, of Washington, DC. Of counsel on the brief was Colin G. Sandercock, Proskauer Rose LLP, of Washington, DC. Of counsel was Sarah C. Walkenhorst.


• For Appellees:
  
• Adrian M. Pruetz, Pruetz Law Group LLP, of Manhattan Beach, California, argued for defendant-appellant.   With him on the brief was Erica J. Pruetz.   Of counsel on the brief was Scott B. Kidman, Quinn Emanuel Urquhart Oliver & Hedges LLP, of Los Angeles, California.