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MASIMO CORPORATION v. PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, 09-80-LPS (2015)

Court: District Court, D. Delaware Number: infdco20151202b46 Visitors: 4
Filed: Dec. 01, 2015
Latest Update: Dec. 01, 2015
Summary: ORDER LEONARD P. STARK , District Judge . At Wilmington this 1st day of December, 2015: For the reasons set forth in the Memorandum Opinion issued this date, the Court ADOPTS IN PART and REJECTS IN PART the recommendations contained in Chief Magistrate Judge Thynge's Report and Recommendation. The Court also OVERRULES IN PART and SUSTAINS IN PART the parties' objections to the Report and Recommendation. Defendants' motion for summary judgment is DENIED. IT IS HEREBY ORDERED that the disp
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ORDER

At Wilmington this 1st day of December, 2015:

For the reasons set forth in the Memorandum Opinion issued this date, the Court ADOPTS IN PART and REJECTS IN PART the recommendations contained in Chief Magistrate Judge Thynge's Report and Recommendation. The Court also OVERRULES IN PART and SUSTAINS IN PART the parties' objections to the Report and Recommendation. Defendants' motion for summary judgment is DENIED.

IT IS HEREBY ORDERED that the disputed claim language of U.S. Patent Nos. 6,157,850 (the "`850 patent"), 7,509,154 (the "`154 patent"), 8.019,400 (the "`400 patent"), and 5,337,745 (the "`745 patent") shall be construed as follows:

Term Court's Construction "based upon said physiological "determining at least two possible indications of said signal, determining at least two physiological parameter based on at least two alternative possible indications of said calculations on at least some of the same sensed physiological parameter based on physiological signal data." at least two alternative calculations for said physiological parameter" and related terms "said scan" "the analysis to qualify the plurality of indication values to be considered as possible resulting indications for the physiological parameter." "determine a resulting indication "determine a resulting indication from the possible that likely most closely correlates indications that likely most closely correlates to the to the physiological parameter." physiological parameter." "a selection module responsive to This element is construed under 35 U.S.C. § 112(f) as the result of said scan to identify at follows: least one resulting indication as representative of said Function: identifying at least one resulting indication as physiological parameter" representative of said physiological parameter Structure: a processor that receives as an input the result of the analysis to qualify the plurality of indication values to be considered as possible resulting indications for the physiological parameter and is programmed to identify at least one resulting indication as representative of the physiological parameter, and equivalents thereof "a processor configured to perform This element does not need construction under 35 U.S.C. a method comprising ... selecting § 112(f) one of the plurality of possible oxygen saturation values as an oxygen saturation measurement based upon an analysis to determine which of the plurality of possible oxygen saturation values corresponds to the oxygen saturation of the pulsing blood" "determination of confidence in "determination of the level of certainty that the signal the accuracy of physiological accurately represents a physiological parameter" signals" "adjustably smooth the plurality of "average the plurality of resulting values by adjusting the values" filter weights" "speed up the adjustable "give higher weight to the newest measurement" smoothing" "slow down the adjustable "give lower weight to the newest measurement" smoothing" "concentration" "the quantity of an absorptive substance in the blood relative to the quantity or volume of solvent in the blood"
Source:  Leagle

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