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MBO Laboratories, Inc. v. Becton, Dickinson & Co.

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Before GAJARSA, CLEVENGER, and DYK, Circuit Judges.

MBO Laboratories, Inc. (“MBO”) appeals from the U.S. District Court for the District of Massachusetts’ judgment in favor of Becton, Dickinson & Co. (“Becton”), invalidating MBO’s U.S. Reissue Patent No. 36,885 (the “RE ’885 patent”) in its entirety based on the rule against recapture. Because we hold that MBO violated the rule against recapture, we affirm the district court’s holding that RE ’885 patent claims 27, 28, 32, and 33 are invalid, but we reverse the district court’s invalidation of all other claims. We remand to the district court to address Becton’s motion for summary judgment of non-infringement on original claims 13, 19, and 20.

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