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Claim Construction at the Federal Circuit: A District Court Judge's View

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

Medegen MMS, Inc. v. ICU Medical, Inc. (Fed. Cir. 2008) By Kevin E. Noonan -- The Federal Circuit recently had the opportunity to appreciate firsthand the frustrations of district court judges with its review of claim construction under Markman v. Westview Instruments, Inc. This teaching came in a dissenting opinion from the Honorable Vaughn R. Walker, Chief Judge, U.S. District Court for the Northern District of California, sitting by designation in Medegen MMS, Inc. v. ICU Medical, Inc. decided November 20, 2008.The case involves "needle-free valve[s] for intravenous (I.V.) therapy used to administer fluids to a medical patient." The claimed...

Full post as published by Patent Docs on December 03, 2008 (boomark / email).