Fed. Circ. Upholds Merck Win In Dr. Scholl's Patent Suit

By Y. Peter Kang (October 26, 2016, 6:48 PM EDT) -- The Federal Circuit on Wednesday affirmed a district court ruling that allowed Merck & Co. to beat a patent infringement suit alleging the company's Dr. Scholl's shoe insert products ripped off ProFoot Inc.'s patent, saying the trial judge's claim construction ruling was sound.

A three-judge Federal Circuit panel said an Illinois federal judge's June 2015 ruling on claim construction, or the scope and meaning of a patent's claims, was not made in error when he determined that a claim of U.S. Patent Number 6,845,568 requiring a "neutralizer" to customize orthotic shoe inserts required three components — a housing, a protractor and...

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