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