United States Federal Circuit

In a patent infringement suit related to artificial airway devices used to deliver anesthetic gases during surgery and to establish unobstructed airways in patients in emergency situations, rulings finding that defendant's products did not infringe the asserted claims of plaintiff's '100 patent and that all claims were invalid for lack of written description under 35 U.S.C. section 112 are vacated and remanded where: 1) district court's summary judgment of no infringement is vacated as it was predicated on the court's erroneous construction of the claim term "backplate"; and 2) district court's judgment of invalidity is vacated and remanded as plaintiff has raised a genuine issue of material fact precluding summary judgment on the issue of written description.

Appellate Information

• Decided 09/21/2010
• Published 09/21/2010

Judges

• MOORE

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Stephen J. Marzen, Charlene M. Morrow