Monday, June 03, 2013

University of Minnesota loses at CAFC

See Regents of University of Minnesota vs. AGA Medical

Appellant Regents of the University of Minnesota
(“the University”) owns U.S. Patent No. 6,077,281 (“the
’281 patent”) and U.S. Patent No. 6,077,291 (“the ’291
patent”), which are directed to medical devices for repairing
heart defects. The University accused AGA Medical
Corporation (“AGA”) of infringing both patents. After
claim construction, the district court granted summary
judgment that the ’291 patent was not infringed and that
the asserted claims of the ’281 patent were invalid as
anticipated. The University appeals, arguing that the
district court erred in its construction of the claims of the
’291 patent, and in finding the ’281 patent anticipated by
a prior art device. We affirm.


Note the reference to "common sense"

While we do not find it necessary to rely on the European
proceedings, the position taken by the University in those
proceedings only supports the conclusion that, as a matter
of common sense, a device defined as two disks affixed
together to form a conjoint disk cannot also be a one-piece,
tubular structure.

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