Intellectual Property News and Reports

Abbott Laboratories (Abbott) appeals on a multitude of grounds the judgment entered against it by the United States District Court for the Western District of Wisconsin for infringement of Innogenetics, N.V.’s (Innogenetics) U.S. Patent No. 5,846,704 (the ’704 patent). We reverse and remand for a new trial the district court’s judgment as a matter of law that claim 1 of the ’704 patent was not anticipated by U.S. Patent No. 5,580,718 (the Resnick patent). We also vacate the permanent injunction granted against Abbott. As for the whole host of other issues that Abbott raises on appeal, we find no reversible error and affirm the lower court’s judgment in those respects. Innogenetics cross-appeals the district court’s judgment as a matter of law that Abbott’s infringement was not willful. Under the standards recently articulated in In re Seagate Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007) (en banc), we also affirm that aspect of the lower court’s judgment.

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