US Tells High Court Not To Hear Claim Construction Case

Law360, New York (November 30, 2012, 3:52 PM EST) -- The federal government urged the U.S. Supreme Court on Wednesday not to hear Retractable Technologies Inc.'s challenge to the Federal Circuit's claim construction rules, saying neither issue raised by the medical device maker merits high court review.

Retractable is seeking review of a ruling that reversed part of a $5 million judgment the company had won against Becton Dickinson & Co. over patents for retractable syringes. It wants the high court to scrutinize two of the Federal Circuit's positions on claim construction.

The first is that...
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