August 26, 2013
On the Bead
SinkMedica sued Histogen for infringing its dermatological patents; specifically, patent claims to culturing cells in three dimensions (6,372,494 & 7,118,746). The district court decided that to do so on beads was excluded from claim scope, because the patents mentioned this technique through prior art references, and somewhat disparagingly so. Two CAFC judges on a panel (Clevenger & Prost) went along on appeal (CAFC 2012-1560). In dissent Chief Judge Rader was frustrated, finding "the four references to beads relied on by this court are ambiguous," not the "clear and unmistakable disavowal" that case law requires.
Posted by Patent Hawk at August 26, 2013 2:05 AM | Claim Construction