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ARTICLE · 28 DECEMBER 2008

Novelty Analysis Is Separate And Distinct From Nonobviousness Analysis

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Cohesive Technologies, Inc. v. Waters Corp., Nos. 08-1029, -1030, -1031, -1032, -1059 (Fed. Cir. Oct. 7, 2008), the Federal Circuit affirmed-in-part, reversed-in-part, vacated-in-part, and remanded the district court's holdings regarding infringement, invalidity, inequitable conduct, and damages.

United StatesIntellectual Property
Christine Hlavka
Christine Hlavka
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Judges: Mayer (dissenting), Linn (author), Prost

[Appealed from D. Mass., Judge Woodlock]

In Cohesive Technologies, Inc. v. Waters Corp., Nos. 08-1029, -1030, -1031, -1032, -1059 (Fed. Cir. Oct. 7, 2008), the Federal Circuit affirmed-in-part, reversed-in-part, vacated-in-part, and remanded the district court's holdings regarding infringement, invalidity, inequitable conduct, and damages.

Cohesive Technologies, Inc. ("Cohesive") owns U.S. Patent Nos. 5,772,874 ("the '874 patent") and 5,919,368 ("the '368 patent"), both directed to high-performance liquid chromatography ("HPLC") columns. In HPLC, a liquid containing compounds to be separated and measured is passed under pressure through a packed column of chromatographically active particles. The effectiveness of HPLC at separating the compounds from the liquid depends on several variables, including the size and structure of the particles in the column. Each of the '874 and '368 patent claims at issue required

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