Wednesday, April 16, 2008

No Error By the District Court

Helena Laboratories Corporation, v. Alpha Scientific Corporation, [2007-1503] (April 16, 2008) [MOORE, Rader, Clevenger] NON-PRECEDENTIAL The Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. 5,344,666 relating to dispensing devices for use with stoppered containers such as blood collection tubes.
BRIEF: LOF: A determination of noninfringement, either literal or under the doctrine of equivalents, is a question of fact. The Federal Circuit agreed with the claim construction, and found no error in the determination there was no literal infringement or infringement under the doctrine of equivalents.