Extract
Proveris Scientific Corp. v. Innovasystems Inc., (2008)
United States Court of Appeals for the Federal Circuit
PROVERIS SCIENTIFIC CORPORATION (formerly known as Image Therm Engineering, Inc.),Plaintiff-Appellee,v. INNOVASYSTEMS, INC.,Defendant-Appellant.Susan H. Farina, Proveris Scientific Corporation, of Marlborough, Massachusetts, argued for plaintiff-appellee. With her on the brief were Gary R. Greenberg and Louis J. Scerra, Jr., Greenberg Traurig LLP, of Boston, Massachusetts.Stephen P. Pazan, Spector Gadon & Rosen, P.C., of Moorestown, New Jersey, argued for defendant-appellant. With him on the brief were Timothy J. Szuhaj and D. Andrew Bertorelli, Jr.Jeffrey Light, Patients Not Patents, Inc., of Washington, DC, for amicus curiae, Patients Not Patents,Inc.Appealed from: United States District Court for the District of MassachusettsJudge William G. YoungUnited States Court of Appeals for the Federal Circui 007-1428PROVERIS SCIENTIFIC CORPORATION (formerly known as Image Therm Engineering, Inc.),Plaintiff-Appellee,v.INNOVASYSTEMS, INC.,Defendant-Appellant.Appeal from the United States District Court for the District of Massachusetts in case no. 05-CV-12424, Judge William G. Young.DECIDED: August 5, 2008Before SCHALL, BRYSON, and GAJARSA, Circuit Judges. SCHALL, Circuit Judge.This is a patent infringement case. Innovasystems, Inc. ("Innova") appeals from the final judgment of the United States District Court for the District of Massachusetts that it infringed claims 3-10 and 13 of United States Patent No. 6,785,400 (the "'400 patent") owned by Proveris Scientific Corporation ("Proveris"). Proveris Scientific Corp.v. Innovasystems, Inc., No. 05-12424 (D. Mass. May 11, 2007). On appeal, Innova argues that the district court erred in ruling that the so-called "safe harbor" provision o he Drug Price Competition and Patent Term Restoration Act of 1984, known as the "Hat...See the full content of this document
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