Fed. Circ. Gives Roche 2nd Shot In Blood Test IP Fight

Law360, New York (January 25, 2012, 4:59 PM EST) -- The Federal Circuit on Wednesday tossed a lower court’s judgment of noninfringement of a patent claim brought by Roche Diagnostics Operations Inc. against Nova Biomedical Corp. and LifeScan Inc. over blood sample testing methods, and remanded the case to district court.

A three-judge panel ruled Roche correctly argued that the district court erred in construing the term “electrode” in its asserted patent claims and that the judgment of noninfringement should thus be vacated.

At issue are U.S. Patent Numbers 7,276,146 and 7,276,147, which cover teaching methods...
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