Nobelpharma Ab v. Implant Innovations

 
APPEAL NO.
96-1463
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Lourie

Question(s) Presented

“Whether conduct in the prosecution of a patent is sufficient to strip a patentee of its immunity from the antitrust laws. . . .”

Holding

“Accordingly, we hereby change our precedent and hold that whether conduct in procuring or enforcing a patent is sufficient to strip a patentee of its immunity from the antitrust laws is to be decided as a question of Federal Circuit law.”