FEDERAL COURT REVERSES PART OF LOWER COURT DECISION BASED ON TERMS USED IN SYRINGE PATENT

A federal appeals court Jan. 24 ruled that a lower court judge erred in interpreting some of the terminology in a patent related to hypodermic safety syringes.

The U.S. Court of Appeals for the Federal Circuit rejected the construction of several terms in MBO Laboratories' '855 patent by the U.S. District Court for the District of Massachusetts, which had rendered a summary judgment of noninfringement in favor of Becton Dickinson (BD).

While concurring with the district court's construction of the term "immediately" in most of BD's claims, the federal court reversed the lower court's construction of other terms in the patent, which involves syringes with needles mounted in guard sleeves to prevent them from coming into contact with healthcare workers.

The decision in MBO Laboratories, Inc. v. Becton, Dickinson & Co., can be viewed at fedcir.gov/opinions/06-1062.pdf (http://fedcir.gov/opinions/06-1062.pdf).