Fed Circ. Rules Patent Claims Can't Be Voided Without Appeal

Law360, New York (April 19, 2013, 10:02 PM EDT) -- A divided Federal Circuit ruled Friday that if an accused patent infringer does not appeal a trial court's finding that a patent's claims are valid, then the defendant has relinquished the right to challenge the claims' validity during future appeals.

The Federal Circuit reversed a trial court's finding that a patent owned by New York-based diamond cutter Lazare Kaplan International Inc. was invalid, saying that PhotoScribe Technologies Inc. — the company accused of infringement — had never filed an appeal arguing the patent claims were not...
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