VetStem Tells Appeals Court to Reject Patent Suit Immunity Bid

The Patent Act’s medical practitioner immunity provision doesn’t authorize a California alternative medical clinic to appeal an adverse ruling before the district court issues final judgment, VetStem Inc. told the Federal Circuit.

Judge Andre Birotte Jr. of the US District Court for the Central District of California correctly ruled the provision isn’t actual immunity from lawsuits but a defense to liability, according to VetStem’s Sept. 13 motion to dismiss in the US Court of Appeals for the Federal Circuit. VetStem said Regen Labs LLC, doing business as Regenerative Medical LA, can’t completely hide behind the provision to avoid claims it ...