After Jury Win, Patent Board Turns Tables On Streck

Law360, New York (November 4, 2009, 5:23 PM EST) -- Days after a federal court jury affirmed the validity of three patents held by Streck Inc. for substances used to test hematology instruments, a U.S. Patent and Trademark Office panel reached the opposite conclusion, finding that Research & Diagnostic Systems Inc., which Streck had sued for infringement, invented the technology at issue first.

The Board of Patent Appeals and Interferences ruled Monday that an R&D scientist, Alan Johnson, was the first to invent the claimed technology. If upheld on appeal, that decision would invalidate the three...
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