Decisions re Denial of Veteran's Widow's Claims and Patent Infringement Case - Intellectual Property Law - Federal Circuit
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Decisions re Denial of Veteran's Widow's Claims and Patent Infringement Case

The Federal Circuit decided a case involving a veteran's claim for benefits and a patent infringement case.

In Bastien v. Shinseki, No. 09-7099, the court faced a challenge to the Veteran Court's decision affirming the decision of the Board of Veterans' Appeals that the death of claimant's husband did not result from his military service.  In affirming the decision, the court held that it lacks jurisdiction to review where claimant's substantial contentions involve factual issues.  As for claimant's remaining claims where the court does have jurisdiction to review, her contention that the Board wrongly relied on the Department's medical witnesses because it failed to establish their qualifications as medical experts is rejected by a recent decision, and her argument that the Veterans Court improperly struck the initial version of her opening brief is rejected as it violated procedural prohibition against citing nonprecedential opinions. 

In Pressure Prods. Med. Supplies, Inc. v. Greatbatch Ltd., No. 08-1602, the court decided a patent infringement action relating to a patent for medical device known as an introducer, which is a device that permits a surgeon to place and remove catheters or pacemaker leads into blood vessels during surgical procedures.  In vacating the district court's finding of infringement, the court held that the record does not support the district court's claim construction of the claim term "score line."  However, the record supports the district court's denial of defendant's motions for JMOL and leave to amend its answer.

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