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Patent Law

: The Patent Prospector

Tipsy Stipulation

By Gary Odom and Jordan Kuhn

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Dr. G. David Jang assigned 5,922,021 and 5,954,743 to Boston Scientific and SciMed Life Systems. The companies were supposed to pay royalties on products "covered by" (i.e., infringing) the patents. Jang sued because he thought he wasn't getting his share. Central California district court issued a claim construction. Before appeal, they all stipulated that Jang was out of luck if the claim construction held. But the agreed stipulation was ambiguous on crucial points. The appeals court threw up its hands, vacated the judgment, and remanded "for clarification." (CAFC 2007-1385)

Full post as published by The Patent Prospector on July 16, 2008 (boomark / email).

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