SCRIPTPRO, LLC v. INNOVATION ASSOCIATES, INC.

No. 2013-1561.

762 F.3d 1355 (2014)

SCRIPTPRO, LLC and Scriptpro USA, Inc., Plaintiffs-Appellants, v. INNOVATION ASSOCIATES, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 6, 2014.


Attorney(s) appearing for the Case

Travis W. McCallon , Lathrop & Gage LLP, of Kansas City, MO, argued for plaintiffs-appellants. With him on the brief were A. Justin Poplin , R. Scott Beeler , and Jennifer M. Hannah , of Overland Park, KS.

Angela D. Mitchell , Shook, Hardy & Bacon L.L.P., of Kansas City, MO, argued for defendant-appellee. With her on the brief were B. Trent Webb and Christine A. Guastello.

Before TARANTO, BRYSON, and HUGHES, Circuit Judges.


TARANTO, Circuit Judge.

Plaintiffs ScriptPro, LLC and ScriptPro USA, Inc. (collectively, ScriptPro) sued Innovation Associates, Inc, alleging infringement of claims 1, 2, 4, and 8 of U.S. Patent No. 6,910,601. The district court granted summary judgment for Innovation Associates, holding that the asserted claims are invalid under 35 U.S.C. § 112, ¶ 1 (now § 112(a)), which requires, for a claim to be valid, that the patent's specification describe the...

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