United States Federal Circuit

In a suit alleging infringement of plaintiff's patent on a system and apparatus for characterizing aerosol sprays commonly used in various drug delivery devices, judgments of infringement are affirmed where: 1) the safe harbor provision of 35 U.S.C. section 271(e)(1) did not exempt defendant's device from infringement claims; 2) defendant conceded its infringement of nine of the patent's claims during a pretrial conference; and 3) the exclusion of certain testimony by defendant's expert witnesses, and the resulting judgment as a matter of law against defendant's affirmative defenses of invalidity, were not an abuse of discretion.

Appellate Information

• Decided 08/05/2008
• Published 08/05/2008

Judges

• SCHALL, Circuit Judge., Before SCHALL, BRYSON, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey Light, Patients Not Patents, Inc., of Washington, DC, for amicus curiae, Patients Not Patents, Inc.


• For Appellees:
  
• Susan H. Farina, Proveris Scientific Corporation, of Marlborough, MA, argued for plaintiff-appellee.   With her on the brief were Gary R. Greenberg and Louis J. Scerra, Jr., Greenberg Traurig LLP, of Boston, MA., Stephen P. Pazan, Spector Gadon & Rosen, P.C., of Moorestown, NJ, argued for defendant-appellant.   With him on the brief were Timothy J. Szuhaj and D. Andrew Bertorelli, Jr.