Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Boston Scientific Corp. v. Cook Group Inc.

United States District Court, D. Delaware

September 11, 2017

BOSTON SCIENTIFIC CORPORATION and BOSTON SCIENTIFIC SCIMED, INC., Plaintiffs,
v.
COOK GROUP INCORPORATED and COOK MEDICAL LLC, Defendants.

          MEMORANDUM ORDER

          HON. LEONARD P. STARK WILMINGTON, DELAWARE UNITED STATES DISTRICT JUDGE

         WHEREAS, 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, 271, 731;

         WHEREAS, 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 inner walls";

         WHEREAS, on February 2, 2017, Plaintiffs Boston Scientific Corporation and Boston Scientific SciMed, Inc. (collectively, "Boston Scientific") responded to Cook's objections (D.I. 106);

         WHEREAS, 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);

         WHEREAS, 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 patents-in-suit;

         WHEREAS, on May 1, 2017, Cook objected to the second Report (D.I. 221), specifically the construction of the term "opening element;"

         WHEREAS, on May 15, 2017, Boston Scientific responded to Cook's objection (D.I. 242);

         WHEREAS, 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);

         NOW THEREFORE, IT IS HEREBY ORDERED that:

         2. 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 ADOPTED.

[1] requir ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.