Khan v. Hemosphere Inc., No. 19-1952 (Fed. Cir. Aug. 13, 2020)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

These appeals arise from an action for patent infringe- ment. Drs. Nazir Khan and Iftikhar Khan accused Hemo- sphere Inc., CryoLife Inc., and Merit Medical Systems, Inc., along with over 300 hospitals and individual physicians, of infringing a claim of U.S. Patent No. 8,747,344, directed to an arteriovenous shunt. The Khans challenge the district court’s decision dismis sing the action with prejudice for want of prosecution due to the Khans’ insufficient and un- timely service of their complaint and, alternatively, for im- proper venue and misjoinder.