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Judge Burke issues claim construction opinion

In W.L. Gore & Associates, Inc. v. C.R. Bard, Inc. and Bard Peripheral Vascular, Inc., C.A. No. 11-515-LPS-CJB (D. Del. Aug. 8, 2014), Magistrate Judge Christopher J. Burke recently issued a Report and Recommendation construing six disputed terms of U.S. Patent Nos. 5,700,285 and 5,735,892, both entitled “Intraluminal Stent Graft.”

The Court construed the following terms:

“tubular, diametrically adjustable stent”/”diametrically adjustable stent”

“wall”

“multiplicity of openings”

“covering”

“affixed”/”affixing” and “the first tubular covering of porous expanded polytetrafluoroethylene is affixed to the second tubular covering of porous expanded polytetrafluoroethylene film through openings through the wall of the stent”

“collapsed diameter”/”enlarged diameter”

UPDATE: On September 28, 2015, Chief Judge Stark issued a Memorandum Order adopting Judge Burke’s Report and Recommendation on claim construction and on various summary judgment and Daubert motions, rejecting only one of Judge Burke’s various conclusions. See W.L. Gore & Associates, Inc. v. C.R. Bard, Inc., et al., C.A. No. 11-515-LPS (D. Del. Sept. 28, 2015).

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