Thursday, January 26, 2006

Eveready wins at CAFC in dispute over 112 P 2

Relying on Marley v. Micron 417 F3d 1356 for the proposition, "not insolubly ambiguous, not invalid," the CAFC overturned an ITC decision of invalidity based on indefiniteness under 35 USC 112 P 2.

As a general proposition, this type of thinking is consistent with that utilized by D. Delaware in rejecting the Ranbaxy challenge to Pfizer's Lipitor patent.


Post a Comment

<< Home