Fed. Circ. Shuts Down Abbott Blood Test Patent Suit

Law360, San Diego (January 13, 2012, 7:13 PM EST) -- The Federal Circuit on Friday affirmed that Abbott Point of Care Inc. could not bring a case alleging Epocal Inc. infringed technology for testing blood samples because the plaintiff did not own the two patents-in-suit, which were invented by a former employee of Abbott’s predecessors.

In a 2-1 ruling, the majority panel determined that an Alabama federal court had correctly granted Epocal’s bid to dismiss the case without prejudice after finding that the inventor of the patents had never assigned them to Abbott.

“Because Abbott lacks...
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