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IP News

By Matt Berkowitz
September 27, 2007

Court Clarifies Interference Priority Rule

In Boston Scientific Scimed, Inc. v. Medtronic Vascular, Inc., 06-1434 (Fed. Cir. Aug. 8, 2007), the Federal Circuit held that a foreign patent application may only form the basis for priority under 35 U.S.C. '119(a) if that application was filed by either the U.S. applicant himself or by someone acting on his behalf at the time the foreign application was filed.

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