February 14, 2018
Authored and Edited by Christopher B. McKinley; Paul W. Browning, Ph.D.
In Flexuspine, Inc. v. Globus Medical, Inc., 879 F.3d 1369 (Fed. Cir. 2018), the CAFC affirmed a district court’s decision to not add a judgement of invalidity to an existing non-infringement judgement when the jury failed to answer invalidity questions because the verdict form did not require it. The CAFC held that the jury properly followed a verdict form that included a “stop instruction,” which instructed jurors to only answer invalidity questions if they first answered “yes” to questions regarding whether the asserted patents covering spinal implants were infringed. The CAFC reasoned that because the accused infringer failed to timely object to the verdict form, the jury, having answered “no” to the infringement questions, was not required to answer questions regarding invalidity. Further discussion of the decision can be found on Finnegan’s Federal Circuit IP Blog.
Food and Drug Administration (FDA), United States Court of Appeals for the Federal Circuit (CAFC), infringement
Copyright © 2018 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Workshop
Life Sciences Workshop: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law
May 2, 2024
Cambridge
Conference
Boston Intellectual Property Law Association 4th Annual Symposium
April 10-11, 2024
Boston
Conference
Best Practices in Intellectual Property– A Decade of Dedication to IP Excellence
April 8-9, 2024
Tel Aviv
INCONTESTABLE® Blog
Winning the Battle but Not the War: Disclaimer Requirement Overturned, Section 2(d) Objection Upheld
March 28, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.