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Federal Circuit Finds Disclosure Of Devices At Major Industry Event Constituted “Public Use” That Barred Patenting
02/28/2023
On February 15, 2023, the Federal Circuit affirmed a district court’s grant of summary judgment of invalidity under the public use bar of pre-AIA 35 U.S.C. § 102(b), based on the patentee’s disclosure of devices having the patented technology at an industry event. Minerva Surgical, Inc. v. Hologic, Inc., No. 2021-2246 (Fed. Cir. Feb. 15, 2023). The Court found that the patentee had allowed sophisticated industry members to scrutinize the devices closely, such that they would have understood the invention, without any obligations of confidentiality. -
Northern District Of California Finds Importation Of Medical Device Samples Protected Under The Section 271(e)(1) Safe Harbor
10/27/2020
On October 16, 2020, the United States District Court for the Northern District of California issued an order granting summary judgment of noninfringement under 35 U.S.C. § 271(e)(1). Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd. , Case No. 4:19-cv-06593-HSG, Dkt. No. 98 (N.D. Cal., Oct. 16, 2020). The Court found that defendant’s importation of samples into the United States for conducting preclinical investigations and for intended demonstrations at a clinical conference were exempt from patent infringement liability, regardless of whether there was a commercial purpose underlying such conduct.