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January 9, 2012

Frozen Out

Celsis In Vitro sued Life Technologies Corp. (LTC) for infringing 7,604,929, which claims methods for freezing hepatocytes, "an art well-known for its unpredictability." LTC got a preliminary injunction, which was appealed, arguing non-infringement and obviousness (CAFC 2010-1547). The bias was strong against LTC. LTC's infringement expert "really didn't offer anything in the way of opinions to address the proper interpretation of the patent's claims." Its claim construction arguments were "hokum." Its cited prior art was entirely off point ("not a single one of the astonishingly large body of literature was devoted to the [relevant] subject [matter]"). LTC's obviousness expert, having been found making much of "a wisp of a term that is buried in [an] article," was "unpersuasive." LTC's obviousness arguments were "nothing more than second guessing and hindsight." LTC is frozen out.

Posted by Patent Hawk at January 9, 2012 8:42 PM | Injunction