Advanced Cardiovascular Systems, Inc. v. Scimed Life Systems, Inc.

887 F.2d 1070, 12 U.S.P.Q. 2d (BNA) 1539, 1989 U.S. App. LEXIS 15899, 1989 WL 122740
CourtCourt of Appeals for the Federal Circuit
DecidedOctober 20, 1989
Docket89-1043
StatusPublished
Cited by13 cases

This text of 887 F.2d 1070 (Advanced Cardiovascular Systems, Inc. v. Scimed Life Systems, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Advanced Cardiovascular Systems, Inc. v. Scimed Life Systems, Inc., 887 F.2d 1070, 12 U.S.P.Q. 2d (BNA) 1539, 1989 U.S. App. LEXIS 15899, 1989 WL 122740 (Fed. Cir. 1989).

Opinions

BISSELL, Circuit Judge.

Advanced Cardiovascular Systems, Inc. (ACS) appeals the decision of the United States District Court for the District of [1071]*1071Minnesota, Advanced Cardiovascular Sys., Inc. v. Scimed Life Sys., Inc., 697 F.Supp. 354, 8 USPQ2d 2002 (D.Minn.1988), granting the summary judgment motion of Scimed Life Systems, Inc. (Scimed) and dismissing ACS’s complaint. We vacate and remand.

BACKGROUND

ACS and Scimed are manufacturers of dilation catheters employed to enlarge arteries narrowed by cholesterol or other deposits. In using these catheters, the distal end is inserted through an artery and is maneuvered into the narrowed cavity after a separate guiding catheter has been run along a previously inserted guidewire. Once in place, the balloon at the distal end is inflated by injecting a fluid through the opposite proximal end. The inflated balloon expands to a predetermined size and shape to press against the arterial wall and enlarge the passageway. When the dilation procedure is complete, the balloon is deflated and the devices removed.

ACS, as assignee, obtained United States Patent No. 4,323,071 (’071) for a guiding and dilating catheter assembly and filed suit against Scimed, alleging that Scimed’s catheter infringed claims 1, 5, and 10-16 of the ’071 patent. Figure 1 illustrates ACS’s assembly.

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Scimed responded by denying infringement, counterclaiming for antitrust violations, tortious interference with prospective contractual relations and unfair competition, and moving, in separate motions, for summary judgment on the issues of infringement and inequitable conduct. The district court granted summary judgment of noninfringement, but denied the motion on inequitable conduct.

ISSUE

Whether the district court erred in granting summary judgment that the accused catheters do not infringe the ’071 patent.

OPINION

The dispute underlying the district court’s grant of summary judgment of non-infringement is over the meaning of the words “formed integral” and “formed therein” in the following limitations of the asserted claims:

said tubular member of said dilating catheter assembly having proximal and distal ends and an inflatable annular portion formed integral with the tubular member of said dilating catheter assembly near the distal end thereof; an inflatable annular portion formed integral with the tubular member near the distal end thereof;
said tubular member having an inflatable annular portion formed integral therewith adjacent the distal end; and said second tubular member having a balloon-shaped portion formed therein adjacent the distal end.

’071 patent, claims 1, 5, 10, 11 (emphasis added). In contending that the accused devices infringe the ’071 patent — either literally or by equivalency — ACS maintains that the terms refer to a catheter construction in which the balloon portion continues and completes the structure of the outer catheter tube and has material properties comparable to those of the tube. To support this interpretation, ACS submitted three declarations — one from each of the [1072]*1072inventors and one from an ACS expert who was allegedly one with ordinary skill in the art of catheter design — and a dictionary definition of the term “integral.” Relying solely on the specification and only part

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887 F.2d 1070, 12 U.S.P.Q. 2d (BNA) 1539, 1989 U.S. App. LEXIS 15899, 1989 WL 122740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advanced-cardiovascular-systems-inc-v-scimed-life-systems-inc-cafc-1989.