Litigation Alert: Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc.—The Federal Circuit Holds 35 U.S.C. §271(f) Inapplicable to Method Claims

more+
less-

On August 19, 2009, the Federal Circuit, sitting en banc, limited the reach of 35 U.S.C. § 271(f), holding that the statute does not apply to method claims. The Federal Circuit’s decision in Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., _F.3d_ (Fed. Cir. 2009) (en banc in part) (Lourie, J.), reversed its earlier holding in Union Carbide Chemicals Plastics Technology Corp. v. Shell Oil Co., 425 F.3d 1366 (Fed. Cir. 2005). In overturning a relatively new precedent, the Federal Circuit explained that the language and legislative history of Section 271(f), as well as the presumption against extraterritorial application of U.S. law, militated against applying the statute to method and process claims.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

more+
less-

Fenwick & West LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×