CAFC affirms ND Ill in Lexion case

The bottom line:

The United States District Court for the Northern
District of Illinois entered summary judgment that De-
fendants-Appellants Northgate Technologies, Inc., Smith
& Nephew, Inc., and Linvatec Corp. (collectively, “North-
gate”) infringe United States Patent No. 5,411,474 (“’474
patent”). Lexion Med., LLC. v. Northgate Techs., 618
F. Supp. 2d 896 (N.D. Ill. 2009). Contesting this judg-
ment, Northgate questions the district court’s construc-
tion of the claim limitation “having a temperature within
2°C of the predetermined temperature.” Because the
record amply supports the trial court’s interpretation of
this claim term and we find no genuine issue of material
fact regarding infringement, this court affirms.

Text in the case:

The district court correctly interpreted “having a tem-
perature within 2°C of the predetermined temperature”
not to require the claimed device to always be with 2°C of
the predetermined temperature. [?]

AND

The district court found, and this court agrees, that
the Humi-Flow can heat gas that varies, at times, from
within 2°C of the predetermined temperature and can
still literally infringe the ’474 patent. Because the prede-
termined temperature is a single temperature point (even
if selected from a range of possibilities), the term “within
2°C of the predetermined temperature” means just that,
within 2°C of the predetermined temperature, subject to
minor fluctuations. This court detects no inconsistency
and sustains the trial court’s determination.