Legal Opinion · Dissent
Abraxis Bioscience, Inc. v. NAVINTA LLC
Court of Appeals for the Federal Circuit
Decided November 9, 2010No. 2009-1539Published
1DissentNewman, Circuit Judge
The district court, applying the laws of contract and property transfer, held that the three patents in suit were owned by the plaintiff Abraxis when this suit was filed, and that the plaintiff had standing to bring this suit. The defendant did not seek interlocutory review of that ruling; and there have been over three years of litigation, including full trial of infringement of all three patents, and judicial determination of complex questions of law and fact concerning the Hatch-Waxman Act and its application. This court now finds that the plaintiff did not have standing, after all.
The…
2Cases cited16 opinions
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
- Mas-Hamilton Group v. Lagard, Inc., (Now Known as Masco Corporation) and Hi-Shear Technology CorporationCourt of Appeals for the Federal Circuit · 1998
- Vaupel Textilmaschinen Kg and Vaupel North America v. Meccanica Euro Italia S.P.A. And American Trim Products, Inc., Defendants/cross-AppellantsCourt of Appeals for the Federal Circuit · 1991
- Arachnid, Inc., Plaintiff/cross-Appellant v. Merit Industries, Inc.Court of Appeals for the Federal Circuit · 1991
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