The Long Way Around
Jang v. Boston Scientific
September 9, 2008
Savvy travelers in the land of patent litigation occasionally use the stipulated judgment short-cut to speedy appellate review of the district court’s claim construction. In order to have a final, appealable judgment, litigants on this usually expedited route agree that the accused products would or would not infringe (as the case may be) in light of the district court’s claim construction. This allows the case to proceed up to the Federal Circuit for review of the claim construction, without wasting a lot of time at the district court litigating under the disputed construction.
However, the decision in Jang v. Boston Scientific makes clear that such stipulated judgments don’t always end up in the fast lane....
Read the full article on APaTS here.
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