ON REMAND, MANDATE LIMITS CONDUCT OF CASE

Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., [2007-1296, -1347] (December 18, 2008) [LOURIE, Newman, Mayer] The Federal Circuit reversed summary judgment of invalidity, and remanded for determination of the damages award.
DISCUSSION: The Federal Circuit changed the claim construction and remanded, and on remand the district court considered defendant’s anticipation arguments, and found the patent invalid. The patentee argued that it anticipation was beyond the scope of the remand. The Federal Circuit boiled the issue down to whether the anticipation was directly related to the changed claim construction, and found that while it is true that new anticipation arguments may arise under a change in claim construction, that cannot be the case here because the limitation at issue never served as a basis for distinguishing the prior art from the patent.