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MBO LABORATORIES, INC. v. BECTON, DICKINSON & CO.

No. 2008-1288.

602 F.3d 1306 (2010)

MBO LABORATORIES, INC., Plaintiff-Appellant, v. BECTON, DICKINSON & COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 12, 2010.

Attorney(s) appearing for the Case

John M. Skenyon, Jolynn M. Lussier, Fish & Richardson, P.C., Boston, MA, for Plaintiff-Appellant.

Todd C. Zubler, William G. McElwain, Amy K. Wigmore, Wilmer Cutler Pickering Hale, Washington, DC, William F. Lee, Wilmer Cutler Pickering Hale, Boston, MA, Alexandra McTague, Wilmer Cutler Pickering Hale, New York, NY, for Defendant-Appellee.

Before GAJARSA, CLEVENGER, and DYK, Circuit Judges.

GAJARSA, Circuit Judge.

MBO Laboratories, Inc. ("MBO") appeals from the U.S. District Court for the District of Massachusetts' judgment in favor of Becton, Dickinson & Co. ("Becton"), invalidating MBO's U.S. Reissue Patent No. 36,885 (the "RE '885 patent") in its entirety based on the rule against recapture. Because we hold that MBO violated the rule against recapture, we affirm the district court's holding that RE '885 patent claims 27, 28, 32, and 33 are invalid...

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