Court Bars Presuit Damages In Bone-Cleaning Case

Law360, New York (October 2, 2008, 12:00 AM EDT) -- A federal court has ruled that Osteotech Inc., a company that specializes in processing human bone and tissue for transplantation, cannot seek presuit damages related to one patent in a lawsuit against rival Regeneration Technologies Inc.

Judge Freda L. Wolfson, of the U.S. District Court for the District of New Jersey, ruled on Sep. 25 that Osteotech had not shown that it had given RTI notice of the alleged infringement before filing a lawsuit, because it had not marked its own products with the patent, or...
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