Claim Construction Order in LifeScan Scotland, Ltd. v. Shasta Technologies, LLC

November 13, 2014 – Judge William H. Orrick issued a claim construction order in the suit filed by Plaintiffs LifeScan Inc. and LifeScan Scotland, Ltd., against Defendants Shasta Technologies, LLC, Conductive Technologies, Inc., Instacare Corp. and Pharmatech Solutions, Inc. The patents being asserted are U.S. Patent Numbers 5,708,247 (the ‘247 patent) and 6,241,862 (the ‘862 patent), which relate to blood glucose monitoring systems for use by people with diabetes. The court construed three terms from the ‘247 patent: (1) “a filler having both hydrophilic and hydrophobic surface regions” which was construed to mean “additive having some surface regions that lack an affinity for water and some surface regions that have an affinity for water”; (2) “network” that was construed to mean “structure”; and (3) “a filler…that forms a network upon drying” construed to mean “additive that forms a structure upon drying that excludes red blood cells while allowing glucose to pass through”. The court also construed three terms from the ‘862 patent: (1) “a[n]…integrated reagent/blood separation layer” which was construed to mean “a single layer that contains reagents, is permeable to the analyte, and excludes red blood cells”; (2) “matrix” that was construed to mean “substance or structure in which something is contained”; and (3) “matrix effective to exclude blood cells…while permitting access…by soluble electroactive species” construed to mean “matrix that excludes red blood cells while permitting access…by soluble electroactive species”. The case is pending in the Northern District of California and is captioned LifeScan Scotland Ltd., et al. v. Shasta Technologies, LLC, et al., 11-cv-04494-WHO.

By: Rosanna W. Gan

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