Lathrop Gage Obtains Appellate Victory in Federal Circuit


KANSAS CITY, Mo (Aug. 12, 2014) – Lathrop Gage LLP was recently successful in obtaining an appellate victory in a patent infringement case in the U.S. Court of Appeals for the Federal Circuit. 

The appellate ruling in ScriptPro LLC v Innovation Associates, Inc. reverses a prior ruling invalidating one of ScriptPro’s patents relating to a certain element of its robotic pill-dispensing systems for prescription drugs. This patent was formerly deemed invalid at the trial level in the U.S. District Court for the District of Kansas, which ruled in favor of Innovation Associates on the basis that the collating system within ScriptPro’s dispensing unit mandated the presence of sensors. 

ScriptPro’s patent position was revalidated by the recently issued opinion from the Federal Circuit, finding no clear limiting language in the specification and instead noting that the specification positively suggests that sensors are merely optional. ScriptPro’s patent infringement claim will now proceed to a jury trial. 

R. Scott Beeler (Business Litigation – Overland Park)  is chief counsel for ScriptPro; Travis McCallon (Intellectual Property – Kansas City) argued the appeal; Jennifer Hannah (Business Litigation – Overland Park) and Justin Poplin (Intellectual Property – Overland Park) also served on the litigation team.  

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