Boston Scientific Corp. v. Cordis Corp. (PDF) 2008 U.S. Dist. LEXIS 4122 Decided January 18, 2008 Judge Ware In this fifth claim construction, Judge Ware construes the term “wire” to mean “a thin, flexible, continuous length of metal, usually of circular cross-section that collectively includes both a wire which has a detachable tip and simply a wire without distinct detachable tip structure. The language of each claim enumerated must be examined to determine if the wire which is claimed includes or does not include a detachable tip structure. Unless otherwise ordered, the words ‘wire’ and ‘guidewire’ are synonymous, in the enumerated Claims.” The term “deformable object” was previously construed to mean “an object that can assume a different shape of form.” Upon reconsideration, Judge Ware changed the construction to “a flexible object, which is capable of assuming a different shape.” The term “a deformable object … having no preferred geometric form when disposed into said cavity” was construed to mean “a flexible object, which is capable of deforming itself, and which does not exhibit a predetermined regular shape when placed into the cavity.” The phrase “capable of being multiply folded upon itself” was previously construed to mean “capable of being folded upon itself more than one time.” Judge Ware maintained this construction. The defendant’s motion for summary judgment was denied because a triable issue of fact remained as to whether the “no preferred geometric form” limitation was infringed as construed. The plaintiff’s motion for summary judgment of infringement under the doctrine of equivalents was granted.

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