Thursday, January 23, 2014

CAFC chides Medtronic for "linguistic gymnastics"

The CAFC affirms CD Cal in Medtronic CoreValve,
LLC v. Edwards Lifesciences Corp.

Medtronic’s proposed meaning of “this application” is
an attempt at linguistic gymnastics and makes little
sense relative to the straightforward, plain language
meaning of the phrase.

As to the appropriate burdens:

The patentee is the person best suited to understand
the genealogy and relationship of her applications; a
requirement for her to clearly disclose this information
should present no hardship. Accord Sticker Indus. Supply
Corp. v. Blaw-Knox Co., 405 F.2d 90, 93 (7th Cir. 1968).

On the contrary, Medtronic’s “reasonable person” test
improperly places the burden of deciphering a priority
claim upon the reader or the public.


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