Patent Law

Medegen gets a remand in plug case

By Lawrence B. Ebert, Esq.

Medegen, a leading innovator in infusion therapy medical products, announced today that it has won an important legal victory in the United States Court of Appeals for the Federal Circuit in Washington, D.C. The appellate court's decision reverses a judgment issued by a district court judge in the Central District of California of patent non-infringement entered in favor of ICU Medical Inc.

The case in question is Medegen v. ICU Medical, a non-precedential decision of 20 Nov. 08. Ted G. Dane argued for prevailing party Medege, and James Pooley for the loser, with Kimberly N. Van Voorhis and Diana
Luo on the brief.

The decision contains the text:

In view of the limited and somewhat confusing briefing on this issue, we think that
the best course is to leave this issue open on the remand so that the district court can
arrive at a proper construction of the corresponding structure in claims 28 and 42, in
light of our determination that the term ?plug? in claim 27 (and its dependent claims) is
not limited to elastomeric plugs. We note that, given our construction of the term ?plug?
in claim 27 (and its dependent claims), the construction of claims 28 and 42 may prove
to be unimportant in the overall determination of infringement.

VACATED AND REMANDED

Full post as published by IPBiz on December 02, 2008 (boomark / email).