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You Can’t Push a Rope

November 11, 2024

In late October, District of Minnesota Chief Judge Patrick J. Schiltz recused himself from a case remanded by the Federal Circuit, indicating that the court did “not take this step lightly”. Per the recusal order, the court “does not know how it would proceed to construe ‘substantially rigid portion’ in a manner consistent with the Federal Circuit’s opinion and does not believe it can set aside its previous conclusions to make an impartial determination”. Judge Schiltz had ruled indefinite all claims in the asserted patents before him because this tricky term, “substantially rigid portion”, could not be properly construed—by plaintiff Teleflex, by defendant Medtronic, by former USPTO Director Andrei Iancu, or by the court itself. After bouncing off another judge, however, the case is set for a status conference on November 21 before District Judge Laura M. Provinzino, who just took the federal bench, in mid-September.


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