>>What the patent journal article opinion was, was that the summary judgment standard was not correct and that it was likely to be overturned. But that is obviously not the issue here. If they have had a full trial, with the prima facie case established sufficiently for a summary judgment ruling, and then given a chance to rebut or explain, then that appears more of a factual issue and not one likely to be overturned.
Well I would like to read the journal article. Send it to me if you can. (Jim@lawusa.com) I am NOT a patent attorney.
The case in which the Federal circuit remanded accepted the SJ on all points except they found that Aventis should be given a right to present evidence on excuse.
The trial judge from the bench commented that she had never seen such a narrow remand and that Amphastar and Teva could have simply come to trial and rested. They did not. They put on evidence bearing on the nature of the inequitable conduct.
But the trial was ONLY about excuse - the whole case was not tried - treating the SJ's as partial, eliminating all issues except excuse.
ij
Market Data 
Markets 
AI
