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The Laryngeal Mask Co. Ltd. v. Ambu A/S, Ambu Inc., 10-1028

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By FindLaw Staff on September 21, 2010 3:34 PM

The Laryngeal Mask Co. Ltd. v. Ambu A/S, Ambu Inc., 10-1028, concerned a challenge to the rulings finding that defendant's products did not infringe the asserted claims of plaintiff's '100 patent and that all claims were invalid for lack of written description under 35 U.S.C. section 112, in a patent infringement suit related to artificial airway devices used to deliver anesthetic gases during surgery and to establish unobstructed airways in patients in emergency situations.


The court vacated the district court's summary judgment of no infringement, as the judgment was predicated on the court's erroneous construction of the claim term "backplate." The court also vacated the district court's judgment of invalidity and remanded as plaintiff has raised a genuine issue of material fact precluding summary judgment on the issue of written description.

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