Norian Corp. v. Stryker Corp.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON NON-INFRINGEMENT OF CLAIMS 8-10 OF U.S. PATENT NO. 6,002,065

INTRODUCTION

In this patent case, defendant moves for summary judgment on non-infringement, arguing that “a solution consisting of water and a sodium phosphate” in claims 8-10 of plaintiffs United States Patent No. 6,002,-065, (“the ’065 patent”), should be construed to require a solution made from one and only one sodium phosphate. This order construes “a” in its singular sense. Because there remains no genuine factual dispute as to whether defendant’s product infringes the ’065 patent, defendant’s summary judgment motion is Granted.

STATEMENT

On January 3, 2001, plaintiff Norian Corporation filed against defendant Stryker Corporation, alleging that defendant’s BoneSource® product infringed two of its patents: United States Patent No. 5,336,-264, (“the ’264 patent”), and the ’065 patent. The ’264 patent is entitled “Situ Prepared Calcium Phosphate Composition and Method” and is directed to methods for preparing calcium phosphate compositions analogous to hydroxyapatite, Ca5(P04)80H, a naturally occurring building block of bones and teeth. The ’065 patent is…