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ARTICLE · 04 FEBRUARY 2014

Federal Circuit Finds Hole In "This" Priority Claim

In Medtronic CoreValve, LLC v. Edwards Lifesciences Corp., the Federal Circuit affirmed the district court’s finding that the patent at issue was invalid because of a defective priority claim.

United StatesIntellectual Property

In Medtronic CoreValve, LLC v. Edwards Lifesciences Corp., the Federal Circuit affirmed the district court's finding that the patent at issue was invalid because of a defective priority claim. While practitioners may cringe at the apparent clerical error underlying the decision, the USPTO's new requirement that priority claims be included in an Application Data Sheet may safeguard future patents from this pitfall.

The Patent at Issue

The patent at issue was Medtronic CoreValve's U.S. Patent 7,892,281, directed to prosthetic valves. Relevant to this case is its extensive priority claim:

The present application claims priority under 35 U.S.C. § 120 as a continuation of U.S. application Ser. No. 12/029,031, filed Feb. 11, 2008, which is a continuation of U.S. application Ser. No. 11/352,614 filed Feb. 13, 2006, now U.S. Pat. No. 7,329,278, which is a continuation of U.S. application Ser. No. 10/412,634 filed Apr. 10, 2003, now U.S. Pat. No. 7,018,406, which is a

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