United States Federal Circuit

Summary judgment in favor of defendant that certain claims of plaintiff' '281 patent for a prosthetic valve are invalid, is affirmed, where the district court did not err in concluding that: 1) the '281 patent is limited to a priority date of no earlier than April 10, 2003 because plaintiff failed to specifically reference each earlier filed application in the intervening applications in the chain of priority for the '281 patent under 35 U.S.C. section 120; and 2) the asserted claims were thus invalid as anticipated.

Appellate Information

• Decided 01/22/2014
• Published 01/22/2014

Judges

• PROST

Court

• United States Federal Circuit

Counsel