Federal Circuit Remands Immunomedics Suit Vs. Cytogen

Law360, New York (June 24, 2004, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit has overturned a lower court’s ruling of no infringement under the doctrine of equivalents in biopharma company Immunomedics’ patent lawsuit against rivals Cytogen Corp. and C.R. Bard.

In its June 23 decision, the court affirmed the district court’s interpretation of a key claim and affirmed its summary judgment of no literal infringement. However, it remanded the case back to the U.S. District Court for the District of New Jersey for further consideration of whether Cytogen’s use of...
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