Loeb Patent Litigation partner Ryan Hagglund is quoted in an article published by BioWorld MedTech discussing the patent litigation case between Agilent Technologies Inc. and Dionex Softron GmbH in which the Court of Appeals for the Federal Circuit was forced to determine whether a written description adequately captures the use of a piston in a liquid chromatograph to avoid nullification of the claim.
According to the article, the Federal Circuit sided with Agilent with the help of the broadest reasonable interpretation (BRI) standard for assessing the meaning of a claim in an Agilent patent. Ryan told the publication that interference proceedings are a dying breed due to the America Invents Act. He went on to add that that they [interference proceedings] might reflect an aversion on the part of the parties towards the action of splitting royalties for the disputed patents.
Read the full article on the BioWorld MedTech’s website (subscription required).