United States Federal Circuit
Univ. of Pittsburgh v. Varian Med. Sys., Inc., 08-1441
In a patent infringement action related to inventions for administering radiation therapy to lung cancer patients, district court judgment is vacated and remanded where the court erred in dismissing the claims with prejudice, as a dismissal for lack of standing should generally be without prejudice so as to permit the filing of a new action by a party with proper standing, and a dismissal with prejudice is a harsh sanction that not justified on the record. Case is remanded with instructions to designate the dismissal as without prejudice.
Appellate Information
- Decided 06/09/2009
- Published 06/09/2009
Judges
Court
- United States Federal Circuit