Biomedical Enterprises, Inc. v. Solana Surgical, LLC

On November 4, 2014, the U.S. district court for the Western District of Texas rendered a decision regarding claim construction in the pending patent infringement suit filed by Plaintiff, Biomedical Enterprises, Inc. (“Biomed”) against Defendant, Solana Surgical, LLC (“Solana”). In the pending patent infringement suit, Biomed asserts that Solana has infringed several claims of U.S. Patent No. 8,584,853 (“the ‘853 Patent”), owned by Biomed, and drawn to a disposable, sterile-packaged orthopedic-fixation system. Of the disputed claim terms in the pending lawsuit, the court construed (i) the term “orthopedic fixation system,” which only appears in the preamble, to be a limitation on the claims’ scope and to be defined as a “fixation system for bones” due to the references to “bones” and “orthopedics” throughout every section of the ‘853 Patent specification; (ii) the term “implant kit” to be defined as “a collection of components that includes an implant for fixating bones together,” due to recitations in the other claims; (iii) the term “maintains” to be defined in accordance with its ordinary and customary meaning, as opposed to Biomed’s and Solana’s more limited proposed constructions; and (iv) the term “multiple sizes of implant kits” to be defined as “implant kits that contain differently sized implants” in accordance with Biomed’s proposed definition and the definition provided within the ‘853 Patent specification. The case remains pending in the Western District of Texas and is captioned Biomedical Enterprises, Inc. v. Solana Surgical, LLC, 1:14-CV-095-LY.

By: Jacqueline A. DiRamio

View Attachment (PDF)