St. Jude Patent Not Shielded By Safe Harbor, Fed. Circ. Says

Law360, New York (September 11, 2013, 6:36 PM EDT) -- A federal judge was wrong to rule that a St. Jude Medical Inc. patent for a vascular closure device was protected by the U.S. patent code's safe-harbor provision against allegations of double patenting, the Federal Circuit ruled Wednesday.

A three judge panel for the appeals court partially reversed U.S. District Judge Harry Barnes' 2011 decision that Access Closure Inc. infringed three St. Jude's patents with its Mynx vascular closure device. The appeals court affirmed that two of the patents — U.S. Patent Numbers 5,275,616 and 5,716,375 — were valid, but that U.S. Patent Number 7,008,439 should have been ruled invalid for...

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