Bone Appetit!
May 29, 2008
In Acumed LLC v. Stryker Corp, the Federal Circuit dishes up a tasty decision on claim preclusion that certainly shouldn't ruin a patent holder's appetite for further litigation. Acumed makes clear that a patent holder's claims against an infringer for multiple versions of a product do not need to be brought in a single serving unless the allegedly infringing devices are "essentially the same"-even if the allegations against additional infringing devices "could be raised" at the same time. While not allowing anyone two bites at the same apple, Acumed may offer patent holders an increasingly rare opportunity to both have, and eat, a slice of patent law cake.
Read the full article from APaTS: Advanced Patent Trial Strategies
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