Just Not Cricket
February 9, 2008
Fair play counts in patent litigation as well as in the game of kings. In Innogenetics N.V. v. Abbott Laboratories, accused infringer Abbott played fast and loose with the trial court's procedural rules. It also took a cavalier approach to the substantive underpinnings of arguments advanced on appeal. The result? Both the district court and Federal Circuit cried foul-and Abbott saw exclusion of key evidence and forfeiture of critical claims as a consequence for its unsportsmanlike conduct.
Read the full article on APaTs, the Advanced Patent Trial Strategies website.
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