Fed. Circ. Says Exergen Thermometer Patents Survive Mayo

The Federal Circuit on Thursday upheld a decision that Exergen Corp.'s forehead thermometer patents are not invalid for claiming laws of nature, though it found that only one of the two patents was infringed by Kaz USA Inc. and vacated a $15 million damages award.

The 2-1 decision is a relatively rare instance in which diagnostic patents have been upheld by the Federal Circuit after being challenged under the U.S. Supreme Court's 2012 Mayo v. Prometheus decision that patents claiming nothing more than laws of nature...

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