United States Federal Circuit

Final judgment for plaintiff in a catheter-patent infringement case is affirmed. Appellant waived its argument regarding obviousness, because that argument is premised on a Supreme Court decision that predated the final judgment. When there is a relevant change in the law before entry of final judgment, a party's failure to notify the district court waives arguments on appeal that are based on that change in the law.

Appellate Information

• Decided 12/18/2008
• Published 12/18/2008

Judges

• WALKER, Chief District Judge., Before MICHEL, Chief Judge, FRIEDMAN, Circuit Judge, and WALKER , Chief District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Marvin S. Gittes, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C., of New York, NY, argued for plaintiff-appellee.   With him on the brief was Timur E. Slonim., Glenn E. Forbis, Rader, Fishman & Grauer PLLC, of Bloomfield Hills, MI, argued for defendant-appellant.   With him on the brief were R. Terrance Rader and James F. Kamp.