United States Federal Circuit

In a patent infringement suit relating to a patent design for a hypodermic safety syringe, judgment of the district court is affirmed in part, reversed in part and remanded where: 1) district court's conclusion that RE '885 patent claims 27, 28, 32, and 33 are invalid is affirmed as plaintiff violated the rule against recapture; 2) district court's invalidation of all other claims is reversed as the court erred in invalidating the entire RE '885 patent bases solely on its holding that reissue claims 27, 28, 32, and 33 were invalid under the rule against recapture; and 3) because the district court erroneously held the entire RE '885 patent invalid, the matter is remanded to address defendant's motion for summary judgment of non-infringement on claims 13, 19, and 20.

Appellate Information

• Decided 04/12/2010
• Published 04/12/2010

Judges

Court

• United States Federal Circuit

Counsel