Mallinckrodt, Inc. v. Masimo Corp.
Opinion
Opinion
Pfaelzer, J.
MEMORANDUM OF DECISION AND ORDER RE:
Masimo’s Motion for Summary Judgment of Noninfringement of the Asserted Claims of U.S. Patent No. 5,807,247 and U.S. Patent No. 5,078, -136
INTRODUCTION
In this patent infringement suit, Plaintiffs and Counterdefendants Mallinckrodt Inc. and Nellcor Puritan Bennett, Inc. (collectively, “Nellcor”) assert six separate patents against Defendant and Counter-claimant Masimo Corp. (“Masimo”). The Court conducted a Claim Construction hearing regarding certain disputed claim terms, and on February 25, 2003, the Court issued its Memorandum of Decision and Order re: Claim Construction (“Claim Construction Order”). Masimo then filed motions for summary judgment of nonin-fringement for two of the asserted patents, namely U.S. Patent- No. 5,807,247 (“the ’247 patent”) and U.S. Patent No. 5,078,136 (“the ’136 patent”). The motions came on for hearing on August 25, 2003. The Court heard oral argument and took the motions under submission. Having considered all of the submitted papers as well as the oral argument, the Court’s decision is set forth below.