Albany Medical College v. Smiths Medical ASD, Inc.

Defendant: Smiths Medical ASD, Inc.
Plaintiff: Albany Medical College
Case Number: 1:2013cv00108
Filed: January 29, 2013
Court: New York Northern District Court
Office: Albany Office
County: Albany
Presiding Judge: Gary L. Sharpe
Referring Judge: Randolph F. Treece
Nature of Suit: Patent
Cause of Action: 35:271 Patent Infringement
Jury Demanded By: Both

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Date Filed#Document Text
January 5, 2015 45 Opinion or Order of the Court MEMORANDUM-DECISION and ORDER - That Magistrate Judge David E. Peebles' July 9, 2014 40 Report and Recommendation is ADOPTED in its entirety; and it is further ORDERED that the following meanings shall be affixed to the patent claim terms in dispute: Disputed Term: A continuous circumferential notch extending outwardly in the first axial bore of the catheter hub. Construction: a continuous circumferential indentation in an edge or across an inner surface of the catheter hub extending o utwardly in the first axial bore of the catheter hub Disputed Term: An outward extending notch in a catheter hub. Construction: an outward extending indentation in an edge or across an inner surface of the catheter hub Disputed Term: Wherein the not ch is a continuous circumferential notch Construction: a continuous circumferential indentation in an edge or across an inner surface of the catheter hub Disputed Term: A notch extending outwardly in the first axial bore of the catheter hub Constru ction:an indentation in an edge or across an inner surface of the catheter hub extending outwardly in the first axial bore of the catheter hub Disputed Term: An outward extending notch in a catheter hub Construction:an outward extending indentation in an edge or across an inner surface of the catheter hub Disputed Term: A notch extending outwardly in said axial bore Construction: an indentation in an edge or across an inner surface of the catheter hub extending outwardly in the first axial b ore of the catheter hub Disputed Term: A notch extending outwardly in the axial bore Construction: an indentation in an edge or across an inner surface of the catheter hub extending outwardly in the first axial bore of the catheter hub Disputed Ter m: A notch therein (as used in both the 033 patent and the 206 patent) Construction: an indentation in an edge or across an inner surface of the catheter hub Disputed Term: A notch having a longitudinal length Construction: an indentation in an edge or across an inner surface of the catheter hub having a longitudinal length Disputed Term: Notch clip Construction: No further construction required Disputed Term: A notch clip joined with the needle cover Construction: No further construct ion required Disputed Term: The needle cover including a notch clip Construction: No further construction required Disputed Term: A needle cover having a notch clip (as used in both the 033 patent and the 206 patent) Construction: No further con struction required Disputed Term: A notch clip disposed in a catheter hub Construction: No further construction required Disputed Term: A needle cover having a notch clip, said notch clip comprising a resilient material Construction: No further con struction required Disputed Term: A needle cover having a notch clip and a first passageway extending therethrough for receiving said needle, said notch clip comprising a resilient material (as used in both the 033 patent and the 206 patent) Constr uction: No further construction required Disputed Term: A notch clip positionable to engage the notch of the catheter hub (as used in both the 206 patent and the 814 patent) Construction: No further construction required Disputed Term: Means for selectively maintaining a notch clip adjacent the needle Construction: Function: selectively maintaining a notch clip adjacent the needleStructures: notch, needle, needle cover, catheter hub Disputed Term: Resilient means cooperating with said nee dle for locking said needle cover to said catheter hub and for offering resistance from obstruction of said first passageway Construction: Function: cooperating with said needle for locking said needle cover to said catheter hub and offering resistance from obstruction of said first passagewayStructure: resilient notch clip. Signed by Chief Judge Gary L. Sharpe on 1/5/2015. (jel, )

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Defendant: Smiths Medical ASD, Inc.
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Plaintiff: Albany Medical College
Represented By: Nicholas Mesiti
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