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Confluent Surgical, Inc. v. Hyperbranch Medical Technology, Inc.

United States District Court, D. Delaware

June 28, 2019

CONFLUENT SURGICAL, INC., INTEGRA LIFESCIENCES CORPORATION AND INTEGRA LIFESCIENCES SALES LLC, Plaintiffs,
v.
HYPERBRANCH MEDICAL TECHNOLOGY, INC., Defendant. Term Plaintiffs' Proposed Construction Defendant's Proposed Construction Term Plaintiffs' Proposed Construction Defendant's Proposed Construction

          REPORT AND RECOMMENDATION

          CHRISTOPHER J. BURKE, UNITED STATES MAGISTRATE JUDGE

         In this action filed by Plaintiff Confluent Surgical, Inc., Integra Lifesciences Corporation and Integra Lifesciences Sales LLC ("Plaintiffs") against Defendant HyperBranch Medical Technology, Inc. ("Defendant" or "HyperBranch"), Plaintiffs allege infringement of United States Patent Nos. 9, 517, 478 (the '"478 patent"), 8, 210, 453 (the '"453 patent"), 8, 876, 021 (the "'021 patent"), 8, 033, 483 (the '"483 patent"), 8, 616, 468 (the '"468 patent"), 9, 101, 946 (the '"946 patent"), and 9, 700, 290 (the '"290 patent") (collectively, "the asserted patents" or "the patents-in-suit").[1] Presently before the Court is the matter of claim construction. The Court recommends that the District Court adopt the constructions as set forth below.

         I. BACKGROUND AND STANDARD OF REVIEW

         The Court hereby incorporates by reference the summary of the background of this matter set out in its March 7, 2019 Report and Recommendation ("March 7 R&R"). (D.I. 177 at 1-2) It additionally incorporates by reference the legal principles regarding claim construction set out in the March 7 R&R. (Id. at 2-4)

         II. DISCUSSION

         The parties had claim construction disputes regarding 15 terms or sets of terms (hereafter, "terms"). The Court has previously issued rulings as to certain of those terms, (D.I. 177; D.I. 194), and below addresses two additional disputed terms. The remainder of the disputed terms will be addressed in forthcoming Report and Recommendations.

         A. "a source of pressurized air" / "a source of pressurized fluid"

         The term "a source of pressurized air" appears in certain claims of the '478 patent, the '290 patent and the '946 patent, and the term "a source of pressurized fluid" appears in certain claims of the '453 patent. (D.I. 72 at 7) The use of the disputed term "a source of pressurized air" in claim 1 of the '478 patent is representative:

1. A spray assembly for dispensing a mixture, the spray assembly comprising:
a connector portion configured for operable engagement with a first source of component, a second source of component, and a source of pressurized air,
an elongated portion extending distally from the connector portion, the elongated portion including a first lumen configured for fluid communication with a first source of component, a second lumen configured for fluid communication with a second source of component, and a third lumen configured for fluid communication with a source of pressurized air;
a tip assembly operably connected to the elongated portion, the tip assembly defining an opening and a mixing chamber between a distal end of the elongated portion and the opening of the tip assembly, wherein each of the first lumen, the second lumen, and the third lumen are in fluid communication with the mixing chamber; and
an insert member received in the mixing chamber, a distal end of the insert member defining an annular recess and at least one radially extending slot, the annular recess and the at least one radially extending slot operating to mix first and second components prior to the combination exiting the opening in the tip assembly.

('478 patent, col. 6:32-56 (emphasis added)) The use of the disputed term "a source of pressurized fluid" in claim 1 of the '453 patent is representative:

1. A spray assembly for dispensing a mixture, the assembly comprising:
a connector configured for operable engagement with a first and second source of component and a source ...

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