Atlas IP, LLC v. St. Jude Medical, Inc. et al.

Docket No. 2015-1071, 2015-1105

October 29, 2015

Brief Summary: DC grant of SJ of no infringement vacated and remanded as it was based on erroneous claim construction.

Summary: This opinion “is closely related to Atlas IP, LLC v. Medtronic, No. 15-071, decided” Oct. 29, 2015, “involve[s] the same patent and some of the same claim language”; “[t]o avoid repetition, the present opinion relies heavily on” that opinion. “[I]n agreement with Atlas” but contrary to the DC conclusions, the FC panel held “that the claim language does not require the cycle’s starting time and duration [to] be communicated to the remotes…before the communication cycle begins” because the DC construction was not supported by the patent. St. Jude disagreed and argued that unless the DC construction was adopted “the remotes could not know to power on their receivers for the start of the cycle and so would not receive the scheduling information” and the claimed invention would be inoperable (citing AIA Eng’ing, FC 2011 (“a construction that renders the claimed invention inoperable should be viewed with extreme skepticism”)). The FC panel concluded that construction relied only on one embodiment of the claimed invention, finding “no reason to read that particular embodiment into the claim language” and that “St. Jude has not shown the district court’s construction must be adopted in order to avoid inoperability.” The grant of SJ of no infringement was therefore vacated and remanded.

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