United States Federal Circuit

In construing the claims of the patents-in-suit, analytical testing devices, the phrase "mobility...is facilitated" is not limited to release of the labelled reagent, but rather must be given its ordinary meaning of capacity to make movement easier at any stage. Thus, summary judgment of noninfringement by defendant vacated.

Appellate Information

• Decided 10/31/2002
• Published 11/01/2002

Judges

• DYK, Circuit Judge., Before RADER, BRYSON, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• J. Anthony Downs,Goodwin Procter LLP, of Boston, Massachusetts, argued for plaintiffs-appellants.   Of counsel were Paul F. Ware, Jr. and Roland H. Schwillinski.   Also of counsel was Keith A. Zullow, Goodwin Procter LLP, of New York, New York.


• For Appellees:
  
• Richard L. DeLucia, Kenyon & Kenyon, of New York, New York, argued for defendant-appellee.   Of counsel were Elizabeth A. Gardner and Stefan C. Grant, M.D.