根據patent編號: 5,247,434H 中的claim 12, 26-28, 30-34
甲公司已改進了腎臟透析機器RAR的功能, 包括了touch screen的使用介面, 且FDA已批准了RAR上市, 在上市前必須做些調查
1. 1. 假設RAR已經從2005/1/1到現在研發了八年, 但在2005/1/1到2007/10/1, 甲公司had an operationalimproved dialysis machine including touch screen within at least claim 12 ofthe 434H patent that it had been using in the United States. Can assigneeAlthin of the 434H patent recover from ALLPROD for that use?
2. 2. Assume from October 2007 through October 2013, all uses of the kidneydialysis machine in the US were reasonably related to submissions to the FDAfor obtaining FDA approval to sell the device. Can assignee Althin of the 434Hpatent recover from ALLPROD for that use? |
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