Legal Opinion
Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc.
Court of Appeals for the Federal Circuit
Decided December 7, 2009No. 2008-1269, 2008-1270PublishedCited by 14 opinions
1Opinion of the Court
MICHEL, Chief Judge.
Tyco Healthcare Group LP (“Tyco Healthcare”) appeals the dismissal of its patent infringement suit against Ethicon Endo-Surgery, Inc. (“Ethicon”). The district court dismissed without prejudice the infringement suit because Tyco Healthcare had failed to prove ownership of the asserted patents, and thus lacked standing to sue. Ethicon cross-appeals, arguing that the dismissal should have been with prejudice. We affirm the district court’s decision to dismiss without prejudice.
I. BACKGROUND
The present litigation concerns three patents, presently at issue (“the…
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