Scientific Specialties Inc. v. Thermo Fisher Scientific Inc.

ORDER CONSTRUING CLAIMS OF UNITED STATES PATENT NO. 5,722,553 AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT

Scientific Specialties Inc. (“SSI”) brings this suit against Thermo Fisher Scientific Inc. (“TFS”) alleging infringement of United States Patent No. 5,722,553 (“ '553 patent”), which is directed to an integral assembly of hollow tubes and seal caps. TFS asserts counterclaims for declaratory judgment of non-infringement and invalidity. The parties seek construction of seven phrases in the '553 patent. TFS also moves for summary judgment of non-infringement. The court held a claim construction hearing and heard argument on the summary judgment motion on November 3, 2009. After consideration of the claims, specification, prosecution history, and other relevant evidence, and after hearing the arguments of the parties, the court construes the disputed language of the patent-in-suit and grants in part and denies in part TFS’s motion for summary judgment.

I. BACKGROUND

Both SSI and TFS design and manufacture plastic products, including reagent tubes, that are used in scientific research. The '553 patent is directed to a…