CAFC applies Kessler Doctrine in Brain Life LLC v. Elekta Inc.

March 24, 2014- In Brain Life LLC v. Elekta Inc., No. 13-1239 (Fed. Cir. Mar. 24, 2014), the Federal Circuit applying the Kessler doctrine, affirmed in part the United States District Court for the Southern District of California’s grant of summary judgment that Brain Life was barred from asserting a claim of infringement of U.S. Patent No. 5,398,684 directed to methods and imaging devices for brain surgery, with respect to certain products that had already been adjudged non-infringing, and vacated and remanded the district court’s holding that Brain Life was barred from asserting a claim of infringement with respect to a product that was developed and released post-judgment and had never been adjudged non-infringing.

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