United States Federal Circuit
Baran v. Med. Device Technologies, Inc., 10-1058
In a doctor's patent infringement suit alleging infringement of certain '797 and '798 patents, directed to automated biopsy instruments, district court's entry of judgment in favor of defendant as to both patents is affirmed where: 1) because district court's construction of "resealably," or related construction of "first connector means" and "second connector means," will not be disturbed, plaintiff's stipulation of noninfringement of the '798 patent remains effective; 2) district court's determination that no reasonable juror could find that defendant's device satisfied the means-plus-function limitation of "release means for retaining the guide in the charged position," is sufficient to affirm its judgment of noninfringement; and 3) there is no merit to plaintiff's argument that the district court erred by striking portions of the declaration that he submitted in opposition to defendant's motion for summary judgment.
Appellate Information
- Decided 08/12/2010
- Published 08/12/2010
Judges
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Steven M. Auvil, Monica L. Thompson