On October 13, 2016, the Federal Circuit issued a decision affirming the District Court of Massachusetts’ final judgment in an infringement suit filed by the Massachusetts Institute of Technology (Plaintiff) against Shire Pharmaceuticals (Defendant). The Defendant had appealed the district court’s judgment that the asserted patents were valid and the Defendant had infringed the patents. In the underlying case, the Plaintiff had asserted that the Defendant’s Dermagraf product infringed U.S. Patent Nos. 5,759,830 and 5,770,193, which are drawn to a cell-scaffold composition and a method of preparing a scaffold for growing cells to replace damaged skin, respectively. The Federal Circuit affirmed the district court’s judgment, finding that the court’s claim constructions were correct and that a key term (i.e., “three-dimensional scaffold”) was not indefinite.
By: Jacqueline A. DiRamio