Friday, October 20, 2006

Med-Rad prevails over Tyco in dispute over RE 37,602

The CAFC concluded that the defect that led to the re-issue patent fell within the plain meaning of 35 USC 251 and reversed the WD Pa. The issue was about supplemental declarations.

Although MedRad ultimately won, the CAFC noted that the cases cited by MedRad were inapposite to the issue on appeal.


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