Bracco Diagnostics Inc. v. Maia Pharmaceuticals, Inc. (Fed. Cir. 2020)
By EsqSocial Corporation 22/12/20
Stipulating to infringement after a contrary claim construction is a conventional stratagem for a losing party to have a final judgment that can be challenged before the Federal Circuit. The risk of course, is that if the Court finds the district court's construction to be correct, the stipulation precludes appellate challenge of the infringement judgment. Defendant Maia Pharmaceuticals suffered those consequences recently in Bracco Diagnostics Inc. v. Maia Pharmaceuticals, Inc....
By: McDonnell Boehnen Hulbert & Berghoff LLP