Filed: Jun. 16, 2016
Latest Update: Jun. 16, 2016
Summary: DECISION and ORDER THOMAS J. McAVOY , District Judge . The Court referred this patent infringement action to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. Plaintiff alleges that Defendants infringed its United States Patent No. 8,435,175, entitled "Vaginal Speculum Apparatus." Presently at issue is how the claims in that patent should be const
Summary: DECISION and ORDER THOMAS J. McAVOY , District Judge . The Court referred this patent infringement action to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. Plaintiff alleges that Defendants infringed its United States Patent No. 8,435,175, entitled "Vaginal Speculum Apparatus." Presently at issue is how the claims in that patent should be constr..
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DECISION and ORDER
THOMAS J. McAVOY, District Judge.
The Court referred this patent infringement action to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. Plaintiff alleges that Defendants infringed its United States Patent No. 8,435,175, entitled "Vaginal Speculum Apparatus." Presently at issue is how the claims in that patent should be construed.
The Report-Recommendation, dated March 31, 2016, addressed the parties claimconstruction arguments. Magistrate Judge Peebles recommended that the Court adopt the claim-construction language that was undisputed by the parties and further recommended specific language for those claims the parties disputed.
Both sides filed objections to the Report and Recommendation. When objections to a magistrate judge's Report-Recommendation are lodged, the Court makes a "de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." See 28 U.S.C. § 636(b)(1). After such a review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." Id.
Having reviewed the record de novo and having considered the issues raised in the Plaintiff's objections, this Court has determined to accept and adopt the recommendations of Magistrate Judge Peebles for the reasons stated in the Report-Recommendation.
Accordingly:
Plaintiff's objections to the Amended Report-Recommendation, dkt. # 98, are hereby OVERRULED. Defendants' objections to the Amended Report-Recommendation, dkt. # 97, are hereby OVERRULED, and the Amended Report-Recommendation, dkt. # 90, is hereby adopted. Accordingly, the following constructions of the claim terms are hereby adopted:
1. Agreed-Upon Terms:
Term/Phrase Agreed Construction
integral curved light pipe a component of the portable illumination
assembly that transmits light
receives the handle portion itself (not some other
component) holds or contains a portion of
the portable illumination assembly
set of rails a pair of substantially straight structures
(for example, a track) on the handle
portion of the portable illumination
assembly
housing an enclosure that retains the portable
power supply
within a common housing an enclosure that retains within it the
components of the portable illumination
assembly
2. Claims in dispute
Term Construction
portable illumination assembly a self-contained illumination assembly that
can be easily moved from place-to-place
switch a lever, plug, or other device for making or
breaking contact, or altering the
connections of a circuit
mechanism for energizing a slider switch with a conductive strip; a
rotary switch with conductive strip; an
optical switch; a magnetic/reed switch; an
ON/OFF throw switch that can be enabled
with the speculum when engaged
therewith to automatically or manually
energize and de-energize the LED; and
equivalents of the foregoing switches
said speculum is disposable the speculum is designed to be discarded
after a single use or a single patient use
the entire apparatus is disposable the entire apparatus is designed to be
discarded after a single use or a single
patient use
said illumination assembly is accessed the portable illumination assembly can be
. . . through said opening energized and/or removed through the
opening
can be accessed . . . only through said the portable illumination assembly is
defi designed to be energized only by
accessing the energization mechanism
through the opening formed by the yoke
and lever portion
releasably attached capable of being easily detached
lower Blade no construction necessary
handle Portion no construction necessary
proximal End no construction necessary
IT IS SO ORDERED
