Regents of the University of California v. Micro Therapeutics, Inc.

AUGUST 21, 2007 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT OF NON-INFRINGEMENT

I. INTRODUCTION

Plaintiff The Regents of the University of California (“The Regents” or “Plaintiff’) brings this action against Defendants Micro Therapeutics Inc. (“MTI”) and its wholly owned subsidiary Dendron GmbH (collectively, “Defendants”) for infringement of twelve of The Regents’ patents which relate to devices for occluding vascular cavities for the treatment of brain aneurysms.

Presently before the Court are: (1) Plaintiffs Motion for Partial Summary Judgment of Infringement of Claim 4 of the '136 Patent and Claims 11, 12, 13 and 16 of the '578 Patent and for Partial Summary Adjudication of Infringement of All Patents-in-Suit; (2) Defendants’ Opposition to Plaintiffs Partial Summary Judgment Motion and Cross-Motion for Partial Summary Judgment of Non-Infringement. The Court conducted a hearing on June 27, 2007. The parties have asserted several grounds for finding infringement or non-infringement. This Order addresses Defendants’ cross-motion for partial summary judgment of non-infringement on the ground that the accused products do not…