Patent Prosecution Lessons From Medtronic V. Edwards
February 3, 2014, 12:35 PM EST
Law360, New York (February 3, 2014, 12:35 PM EST) -- While Alexander Pope has often been quoted for writing “to err is human, to forgive, divine,” some mistakes have greater ramifications than others. United States patent applications have incredibly high standards regarding the accuracy of priority claims. Simply put, there is no room for error. In Medtronic CoreValve LLC v. Edwards Lifesciences Corp. (Fed. Cir. Jan. 22, 2014) one company discovered, incomplete priority claims can have dire consequences.
The unfortunate tale began when Medtronic sued Edwards of patent infringement. As the litigation progressed, Edwards filed a...