Federal Circuit, in a 2-1 Decision, Affirms Nonobviousness Determination in Medical Supply Case; Split Highlights Difficulty of Claim Construction By Chris Kulawik –- Edited by Stephanie Weiner Kinetic Concepts, Inc. v. Blue Sky Medical Group, Inc. Federal Circuit, February 2, 2009, Nos. 07-1340, 07-1341, & 07-1342 Slip Opinion In a 2-1 split, the Federal Circuit affirmed a nonobviousness determination in a contentious dispute between medical technology companies. The case turned on the construction of the claim term “treating a wound” ...
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