Claim construction ruling issues regarding inventions for glucose testing
Roche Diagnostics Operations, Inc. v. Abbott Diabetes Care, et al., Civil Action No. 07-753-JJF, September 15, 2009.
Farnan, J. Court issues Claim construction opinion, ruling on 17 disputed claims.
The patents-in-suit pertain to the use of microelectrodes for the rapid determination of the concentration of an analyte in a liquid sample. The parties dispute the meaning of the bulk of the language in the independent claims, with the primary focus on the terms “electrode” and whether it should be understood to refer only to microelectrodes, and “detecting,” and whether detection of a blood sample must be followed by a delay period. Based on the patentee’s having distinguished the prior art on the basis of its use of macroelectrodes, the court limits the claims to microelectrodes. The court does not construe the claims to require a delay period.
