Leoutsakos v. Coll's Hospital Pharmacy, Inc.

98 F. App'x 835
CourtCourt of Appeals for the Federal Circuit
DecidedMay 4, 2004
DocketNo. 03-1533
StatusPublished
Cited by1 cases

This text of 98 F. App'x 835 (Leoutsakos v. Coll's Hospital Pharmacy, 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
Leoutsakos v. Coll's Hospital Pharmacy, Inc., 98 F. App'x 835 (Fed. Cir. 2004).

Opinion

RADER, Circuit Judge.

Thomas Leoutsakos appeals a decision of the United States District Court for the District of New Hampshire granting summary judgment of noninfringement of U.S. Patent No. 5,195,200 (’200 patent) in favor of Coil’s Hospital Pharmacy, Inc. and HealthCraft Products, Inc. (collectively CHP) both literally and under the doctrine of equivalents. Leoutsakos v. Coll’s Hosp. Pharmacy, Inc., No. 02-434-M, 2003 WL 21558153 (D.N.H. Jul. 8, 2003). Because the district court’s claim construction and infringement analyses are correct, this court affirms the district court’s decision.

I.

The invention in the ’200 patent helps people with certain physical aliments get into and out of bed. The prior art contains a number of specialized beds to help a person transfer from a horizontal position on a bed to a sitting or standing position. These prior art specialized beds, however, were expensive and did not provide a temporary solution for people with short-term physical aliments. To address these problems, the ’200 patent discloses a manual support apparatus that attaches to a bed-frame. The manual support apparatus claimed in the ’200 patent provides a secure and stable structure to support a person while getting into or out of bed. This support apparatus is comprised of planar plate member 20 and at least one tubular member 22. The planar plate member is affixed to a bedframe and the tubular member or members are attached to the planar plate member to create a suitable handhold as depicted in Figure 2A of the ’200 patent below.

[837]*837[[Image here]]

CHP, the alleged infringer, sells a competing device. CHP’s device, marketed as Smart-Rail, utilizes a tubular support frame, which is positioned between a box spring and mattress. To further stabilize the Smart-Rail device, two cloth safety-straps extend from the Smart-Rail’s tubular support frame to the back or opposite side of the bed from which the Smart-Rail’s handhold or rail is installed.

At issue are independent claims 1 and 10. Claim 1 states:

A manual support apparatus attachable to a bedframe comprising:
a planar plate member having outside edges;
two tubular members having internal bores for slidable receipt of a support tube;
a first means to attach said tubular members to said plate member; and a second means to attach said plate member to said bedframe.

’200 patent, col. 6,11. 12-20 (emphasis added). Claim 10 states:

A manual support apparatus attachable to a bedframe comprising:
a planar plate member having outside edges;
a support tube having two legs; two tubular members having internal bores for slidable receipt of a support tube;
a first means to attach said plate member to said bedframe.

Id. at col. 6,11. 48-57 (emphasis added).

On September 27, 2002, Mr. Leoutsakos commenced this action in the New Hampshire district court. The complaint alleged a single count of infringement of the ’200 patent. On May 7, 2003, CHP moved for [838]*838summary judgment on the grounds that Smart-Rail, its allegedly infringing product, does not infringe the ’200 patent either literally or under the doctrine of equivalents. In response, Mr. Leoutsakos did not file an objection to CHP’s motion for summary judgment, but instead filed a Motion for Partial Summary Judgment. In his motion, Mr. Leoutsakos sought a partial summary judgment on the patent infringement issue and raised, for the first time, a state common law cause of action for trademark infringement.

In its July 8, 2003 order granting summary judgment to CHP, the trial court construed “planar plate member” as a “planar member that is a perfectly flat sheet of a material of uniform thickness throughout.” Leoutsakos v. Coll’s Hosp. Pharmacy, Inc., No. 02-434-M, slip op. at 5, 2003 WL 21558153 (D.N.H. Jul. 8, 2003). Based upon this claim construction, the trial court found no literal infringement because CHP’s Smart-Rail utilizes a tubular support frame, (i.e. a largely open frame composed of cylindrical tubes). Id. at 5-6. Further, the trial court found no infringement under the doctrine of equivalents because Smart-Rail’s tubular support frame fits between the mattress and box spring of a bed and is linked to the bed frame by a cloth safety strap that extends to the opposite side of the bed from which the support apparatus is installed. Id. at 6-7. In contrast, the device of the ’200 patent is installed entirely on one side of a bed and includes a planar plate member that is fixed to the underside of the bed-frame with bolts or clips. Id.

II.

This court reviews a district court’s grant of summary judgment de novo. Ethicon Endo-Surgery, Inc. v. U.S. Surgical Corp., 149 F.3d 1309, 1315 (Fed.Cir. 1998). Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). In considering a motion for summary judgment, this court views all evidence in the light most favorable to the non-moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

Claim Construction

Determination of patent infringement is a two-step process. “First, the court determines the scope and meaning of the patent claims asserted ... then the properly construed claims are compared to the allegedly infringing device.” Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448, 1454 (Fed.Cir.1998) (en banc) (citations omitted). Claim construction is a question of law that this court reviews de novo. Cybor Corp., 138 F.3d at 1456.

As always, the claim language governs the meaning of a claim. Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed.Cir.1996). In construing a claim, this court construes the meaning of claim language according to its usage and context. ResQNet.com. Inc. v. Lansa, Inc., 346 F.3d 1374, 1378 (Fed.Cir.2003).

The claim language, drawings, and written description of the ’200 patent offer insight into the proper construction of “planar plate member.” Every drawing containing planar plate member 20 in the ’200 patent shows the planar plate member 20 as a flat structure with at least one edge aligned to a bedframe. The written description reinforces this point. It states:

Planar plate 20 is typically shaped such that at least one edge 21 is aligned with [839]*839the end 13 and side rails 14 of bedframe 12.

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98 F. App'x 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leoutsakos-v-colls-hospital-pharmacy-inc-cafc-2004.