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PATENTS - Defences to infringement - Lack of essential element - Procedure - Evidence - Costs - Assessment or fixing of costs

Tuesday, July 04, 2017 @ 8:37 AM  

Appeal by OrthoArm Incorporated (Orthoarm) from the dismissal of its action against GAC International, LLC (GAC). OrthoArm’s principal invented a type of “self-ligating” orthodontic bracket. OrthoArm patented the bracket, and in 1997, licensed the worldwide rights to manufacture, use, market and sell products covered by the patent to GAC. Under the parties’ agreement, OrthoArm was entitled to receive a licence fee based on net sales of GAC’s products until the patent expired in May 2014. In 2007, GAC began to market and sell orthodontic brackets it...