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Scantibodies Laboratory, Inc. v. Immutopics, Inc. (Fed. Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Andrew Williams -- Last week, in Scantibodies Laboratory, Inc. v. Immutopics, Inc., the Federal Circuit affirmed a claim construction decision and corresponding summary judgment of non-infringement rendered by the U.S. District Court for the Central District of California. The patent at issue was U.S. Patent No. 6,689,566 ("the '566 patent"), "Methods, Kits, and Antibodies for Detecting Parathyroid Hormone." Claim 5, the only claim addressed on appeal, reads (with the claim terms at issue underlined): 5. A method for measuring an amount of whole parathyroid hormone in a sample comprising: a) adding to a sample a labeled antibody or antibody...

Full post as published by Patent Docs on May 13, 2010 (boomark / email).