Tuesday, July 13, 2004

Federal Circuit addresses antitrust issues in Unitherm case

from Unitherm:

The district court construed the disputed claim terms in the ‘027 Patent correctly, and properly found the ‘027 Patent invalid and unenforceable for reasons of both prior use and prior sale under 35 U.S.C. § 102(b). The district court was also correct, under Oklahoma law, in allowing the jury to decide the issue of tortious interference and in accepting the jury’s findings on both liability and damages. The district court erred, however, in allowing the jury to decide Unitherm’s antitrust claims despite the total absence of economic evidence capable of sustaining those claims. We therefore affirm-in-part, vacate-in-part, and remand to the district court for further proceedings consistent with this opinion.


Post a Comment

<< Home