Invitrogen V. Stratagene Remanded Again

Law360, New York (October 6, 2005, 12:00 AM EDT) -- The biotech patent lawsuit brought by medical technology companies Invitrogen Corp. against Stratagene Inc. will go back to a district court after the U.S. Court of Appeals for the Federal Circuit reversed a lower court’s decision of non-infringement.

In its decision, the Federal Circuit affirmed the trial court’s decisions on infringement and on non-invalidity due to indefiniteness.

“Because the district court relied on an incorrect understanding of public use, this court reverses the trial court’s judgment of invalidity on that grounds and remands,” the Federal Circuit...
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