On May 17, 2017, Judge Amy J. St. Eve granted Defendants CareFusion Corporation and Becton, Dickinson and Company’s motion to construe additional claim terms beyond the default number permitted by Local Patent Rule 4.1.
In granting Defendants’ request to construe additional means-plus-function claims, the Court noted that other courts have considered indefiniteness arguments at claim construction and that resolving indefiniteness at this stage will advance the litigation. As to the other terms, the Court notes that construction may “substantially advance the litigation” and that the ten-term limit in the Local Rule is not inflexible, especially where claim construction is outcome determinative or of particular importance.
Plaintiff Baxter International, Inc. sued Defendants back in November 2015 for alleged infringement of three patents, U.S. Patent Nos. 5,764,034, entitled “Battery Gauge For A Battery Operated Infusion Pump”; 5,782,805, entitled “Medical Infusion Pump”; and 6,231,560, entitled “Method And Apparatus For Automatically Controlling The Level Of Medication.” Defendants’ accused product is known as the Alaris system.
The case is captioned Baxter International, Inc. v. CareFusion Corporation et al, filed in the United States District Court for the Northern District of Illinois, ILND-1-15-cv-09986.
By: Joyce L. Nadipuram