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ARTICLE · 07 DECEMBER 2011

Section 146 Establishes De Novo Review

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In "Streck, Inc. v. Research & Diagnostic Systems, Inc.", No. 11-1045 (Fed. Cir. Oct. 20, 2011), the Federal Circuit affirmed the district court’s award of priority of invention to senior party, Streck, Inc. ("Streck"), in an action brought under 35 U.S.C. § 146 because the district court correctly applied the relevant procedural and substantive law, and error was not shown in the court’s factual findings and conclusions of law.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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This article previously appeared in Last Month at the Federal Circuit November, 2011.

Judges:  Newman (author), O'Malley, Reyna

[Appealed from D. Neb., Chief Judge Bataillon]

In Streck, Inc. v. Research & Diagnostic Systems, Inc., No. 11-1045 (Fed. Cir. Oct. 20, 2011), the Federal Circuit affirmed the district court's award of priority of invention to senior party, Streck, Inc. ("Streck"), in an action brought under 35 U.S.C. § 146 because the district court correctly applied the relevant procedural and substantive law, and error was not shown in the court's factual findings and conclusions of law.

Streck filed suit against Research and Diagnostic Systems, Inc. ("R&D"), alleging infringement of three of its patents relating to hematology control compositions.  The control compositions can be used to check the accuracy of hematology instruments that are used to analyze samples of blood.  The patents listed Streck employees, Dr. Wayne Ryan and John Scholl,

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