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Chief Judge Sleet denies defendant’s request to file summary judgment on the issue of whether a Certificate of Correction was invalid

Chief Judge Gregory M. Sleet recently considered defendant’s letter request to file a summary judgment motion on the issue of whether the Certificate of Correction for the patent-in-suit was invalid because the error it corrected was not minor under 35 U.S.C. § 255. Cubist Pharmaceuticals, Inc. v. Hospira, Inc., C.A. No. 12-367-GMS (D. Del. Jan. 15, 2014). Judge Sleet denied the request because “[w]hile the instant issue is a question of law, the court found in its claim construction order that ‘the determination of whether the stereochemistry correction is properly considered a correction of ‘minor character’ presents questions requiring expert testimony regarding the nature of the error and its correction.'” Id. at 2. Because underlying issues of fact remained as to whether the Certificate of Correction was invalid, Judge Sleet denied defendant’s request. Id.

Cubist Pharmaceuticals, Inc. v. Hospira, Inc., C.A. No. 12-367-GMS (D. Del. Jan. 15, 2014)

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