Apex Denied Summary Judgment In Pump Patent Suit

Law360, New York (July 6, 2009, 12:00 AM EDT) -- Apex Medical Technologies Inc. has lost a summary judgment bid in a lawsuit with I-Flow Corp. over a patent for an infusion pump.

The San Diego-based medical device maker had argued it was entitled to a noninfringement judgment based on the doctrine of absolute intervening rights, but the U.S. District Court for the Southern District of California denied the motion Thursday.

Under the doctrine of intervening rights, an accused infringer can limit damages for patent infringement to the period following the issuance of a reexamination certificate...
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