Pallin v. Singer, 36 U.S.P.

Q 2d 1050

Dr. Pallin had secured a patent over a medical procedure that will require no sutures in
cataract removal operations, and Dr. Singer was discovered to be performing eye
operations without the use of sutures. The Court here ruled that the patent over the
sutureless medical procedure is presumed to be valid, and that to overcome such
presumption, the defendant must present clear and convincing evidence in support of its
invalidity. The defendants failed to do this. The penultimate issue to be resolved by the
court is whether or not to grant summary judgment, and the granting of such will depend
on whether genuine issues of material fact exist as to whether the works of any of any
of the doctors (who alleged that they have been performing sutureless medical
procedures even before Dr. Pallin) fully anticipated Dr. Pallin’s claims. The court did not
grant summary judgment because complex issues exist.