United States Federal Circuit

In a patent case involving patents for treating difficult-to-heal wounds by applying suction, various trial court rulings are affirmed over claims: 1) by defendants that the trial court erred in denying their motion for judgment as a matter of law on obviousness, and their alternative motion for a new trial on obviousness; 2) by defendants that the district court erred in its construction of "wound" and its failure to find several claim terms indefinite; and 3) by plaintiff that the court erred in denying its motion for judgment as a matter of law of infringement, or, in the alternative, its request for a new trial on infringement.

Appellate Information

• Decided 02/02/2009
• Published 02/02/2009

Judges

• Before BRYSON, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P, of Washington, DC, argued for plaintiffs-cross appellants.   With him on the brief were Don O. Burley, and Erik R. Puknys and Tina E. Hulse, of Palo Alto, California.   Of counsel on the brief were R. Laurence Macon, Melanie G. Cowart, Karen Kroesche Gulde, and Kirt S. O'Neill, Akin Gump Strauss Hauer & Feld LLP, of San Antonio, Texas.   Of counsel was Michael J. McCabe, II, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Atlanta, Georgia.


• For Appellees:
  
• Joseph R. Re, Knobbe, Martens, Olson & Bear, LLP, of Irvine, CA, argued for defendant-appellant Blue Sky Medical Group, Inc. With him on the brief were Brenton R. Babcock and Christy G. Lea., Eleanor M. Musick, Procopio, Cory, Hargreaves & Savitch LLP, of San Diego, CA, for defendant-appellant Richard S. Weston.   With her was Lisel M. Ferguson., Scott F. Partridge, Baker Botts L.L.P., of Houston, TX, argued for defendants-appellants Medela AG and Medela, Inc. With him on the brief were Mitchell D. Lukin, Elizabeth Durham, Kevin M. Sadler, William Beard, Amanda Woodall, and Lisa C. Kelly.   Of counsel was Michael A. Hawes.