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January 15, 2012
Blood Sample
New Jersey based Abbot sued
competitor Epocal for infringing blood test patents 6,845,327
and
6,896,778,
which it scurrilously claimed to own, though Epocal is the assignee.
Epocal was founded by Dr. Imants Lauks. Lauks had done contractual work
for Abbott's predecessors. The district court rightly found the
contracts that might have given assignment to Abbott expired, as
did the majority of a CAFC panel (CAFC 2011-1024).
In dissent, Judge Bryson displayed his muddle-headed misunderstanding
of contract law, or
more simply his corrupt bias for Abbot, a U.S. corporation, up against
a Canadian
competitor, by arguing perpetual assignment.
Posted by Patent Hawk at January 15, 2012 4:34 PM | Case Law