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Patent Law
: Patently ObviousLooking Ahead: Preclusive Effect of Prior Claim Construction
By Dennis Crouch, Esq.
Shire v. Sandoz, M-893 (Fed. Cir. 2009)
In a recent order, the Federal Circuit agreed to hear an interlocutory appeal considering the issue preclusive effect of a prior claim construction decision. The patent in suit has been construed at least twice before, but the lower court here "refused to give preclusive effect" to either prior ruling. This will be an interesting case to follow.
Full post as published by Patently Obvious on February 10, 2009 (boomark / email).
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