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ARTICLE · 03 OCTOBER 2013

An Implicit Disclaimer Limits Claim Scope Even When Contrary To Ordinary Meaning

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In SkinMedica, Inc. v. Histogen Inc., No. 12-1560, the Federal Circuit affirmed the district court’s grant of SJ of noninfringement, upholding the claim construction at issue.

United StatesIntellectual Property
Steven Landolfi Jr.
Steven Landolfi Jr.
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In SkinMedica, Inc. v. Histogen Inc., No. 12-1560 (Fed. Cir. Aug. 23, 2013), the Federal Circuit affirmed the district court's grant of SJ of noninfringement, upholding the claim construction at issue.

SkinMedica, Inc. ("SkinMedica") filed suit against Histogen, Inc., Histogen Aesthetics, and Gail Naughton (collectively "Histogen") alleging infringement of U.S. Patent Nos. 6,372,494 ("the '494 patent") and 7,118,746 ("the '746 patent").  The claims-at-issue in the '494 and '746 patents generally relate to methods for producing and using pharmaceutical compositions containing "novel conditioned cell culture medium compositions."  Slip op. at 2.  SkinMedica alleged that Histogen used infringing methods to produce dermatological products.

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