2008-1164 Respironics v. Invacare

Posted on | February 22, 2008 | No Comments

WD/PA 04:cv-0336

Respironics sued for infringement of 4 patents related to sleep therapy devices for the treatment of obstructive sleep apnea.  In claim construction, Judge Gary Lancaster construed 3 of the patents to require the systems to operate at predetermined settings.  The court subsequently granted defendant summary judgment of non-infringement on 3 of the 4 patents, and granted plaintiffs summary judgment on all defendant’s invalidity contentions—best mode, written description/enablement, anticipation (references considered by PTO during prosecution), and inventorship.  The court found that a named inventor’s inability years later to articulate his contribution to an invention was not sufficient evidence to raise a material fact and defeat summary judgment.  Jury trial was then held, with plaintiff prevailing on infringement of the 4th patent—based on a prototype shown once at a 2003 trade show and materially different from the other accused products.  The court declined to enter a permanent injunction.  This is Respironics appeal. 

Update: Invacare has cross-appealed, 2008-1193.

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