United States District Court, D. Delaware
BOSTON SCIENTIFIC CORPORATION and BOSTON SCIENTIFIC SCIMED, INC., Plaintiffs,
COOK GROUP INCORPORATED and COOK MEDICAL LLC, Defendants.
LEONARD P. STARK WILMINGTON, DELAWARE UNITED STATES DISTRICT
Magistrate Judge Burke issued a Report and Recommendation
(D.I. 80) on December 22, 2016, recommending that the Court
adopt certain claim constructions for disputed terms in U.S.
Patent Nos. 8, 685, 048; 8, 709, 027; 8, 974, 371; and 9,
on January 19, 2017, Defendants Cook Group Incorporated and
Cook Medical LLC (collectively, "Cook"), objected
to the Report (D.I. 95), and specifically objected to the
recommended constructions of the terms "control element
including a connector element, " "frangible link,
" "an opening formed in a proximal end thereof /
"an opening at a proximal end of the capsule, "
"contacting the inner surfaces" / "to contact
the first and second inner surface, " and "engaging
on February 2, 2017, Plaintiffs Boston Scientific Corporation
and Boston Scientific SciMed, Inc. (collectively,
"Boston Scientific") responded to Cook's
objections (D.I. 106);
on April 24, 2017, the Court granted Cook's motion for
leave to supplement the record on claim construction (D.I.
207; see also D.I. 214) and has considered the
additional evidence and argument presented by the parties
(D.I. 180 Ex. A-C, 216, 217);
Magistrate Judge Burke issued a second Report and
Recommendation (D.I. 193) on April 12, 2017, recommending
that the Court adopt certain claim constructions for disputed
terms relating to means-plus-function claiming in the
on May 1, 2017, Cook objected to the second Report (D.I.
221), specifically the construction of the term "opening
on May 15, 2017, Boston Scientific responded to Cook's
objection (D.I. 242);
the Court has considered the parties' claim construction
disputes addressed by the Reports de novo, see St. Clair
Intellectual Prop. Consultants, Inc. v. Matsushita Elec.
Indus. Co., Ltd., 691 F.Supp.2d 538, 541-42 (D. Del.
2010); 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(3);
THEREFORE, IT IS HEREBY ORDERED that:
Cook's objection (D.I. 221) to Judge Burke's
construction of "opening element" is OVERRULED and
the construction set forth in Judge Burke's Report is