Medical device patents are held valid but not infringed
Medtronic, Inc. v. Boston Scientific Corporation, et al., Civ. No. 07-823-SLR, March 30, 2011.
Robinson, J. The court makes post-trial findings of fact and conclusions of law and directs entry of judgment in favor of plaintiff as to noninfringement and in favor of defendants as to validity and enforceability.
The disputed technology relates to devices to treat ventricular asynchrony and for treating hemodynamic dysfunction by using electrodes to stimulate the heart ventricles. Plaintiff filed this declaratory judgment complaint in December, 2007. A Markman hearing took place in January, 2010, and a bench trial was held In January and March, 2010 on validity and enforceability. Post-trial briefing was completed on February 22, 2011. The court interprets certain disputed claims, and determines that the preambles of 2 claims are limiting. The parties dispute who has the burden to prove infringement. The court holds that the burden is always on the patentee. Defendants failed to prove literal or DOE infringement. Plaintiffs have also failed to prove anticipation and obviousness. Finally, the court rejects a prosecution laches defense, finding no unreasonable or unexplained delay.
