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July 15, 2008
Tipsy Stipulation
Dr. G.
David Jang assigned
5,922,021 and
5,954,743 to Boston Scientific and SciMed Life Systems. The companies were
supposed to pay royalties on products "covered by" (i.e., infringing) the
patents. Jang sued because he thought he wasn't getting his share. Central
California district court issued a claim construction. Before appeal, they all
stipulated that Jang was out of luck if the claim construction held. But the
agreed stipulation was ambiguous on crucial points. The appeals court threw up
its hands, vacated the judgment, and remanded "for clarification." (CAFC
2007-1385)
Posted by Patent Hawk at July 15, 2008 8:45 PM | Litigation