Thursday, December 11, 2008

Disclosure of prior art in invalidity contentions was not sufficient to support summary judgment argument based on specific combinations of prior art

The court refused to consider defendant's argument in support of summary judgment of invalidity based on a combination of a prior art reference with either of two other prior art references because that argument had not been disclosed in defendant's Final Invalidity Contentions. "[Defendant] cites all three references in its Final Invalidity Contentions. However, in [defendant's] chart identifying those elements of the Cragg Stent article that are present in the claims of the [asserted patents], defendant] does not combine the Cragg Stent article with either Schetky or Delaey."

Medtronic Inc. v. W.L. Gore & Assoc., Inc., 3-06-cv-04455 (CAND December 9, 2008, Order).

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