The opinion of the court was delivered by: Virginia M. Kendall United States District Court Judge Northern District of Illinois
Judge Virginia M. Kendall
MEMORANDUM OPINION AND ORDER
Plaintiffs Ledergerber Medical Innovations, LLC ("Ledergerber") and Dr. Walter Ledergerber ("Dr. Ledergerber") filed suit against Defendant W.L. Gore & Associates, Inc. ("Gore") alleging direct infringement of United States Patent No. 6,921,418 ("the '418 patent"). Gore moves for summary judgment on patent invalidity and non-infringement grounds. Gore also moves for leave to file recently decided additional authority in support of its Motions; the Court grants that Motion and has considered the authority presented by Gore, Anascape Ltd. v. Nintendo of America, Inc., 601 F.3d 1333 (Fed. Cir. 2010), and the parties' filings regarding the application of that authority, in its analysis. For the reasons set forth below, Gore's Motion for Summary Judgment of Invalidity of the '418 patent is granted. Gore's Motion for Partial Summary Judgment of Non-Infringement is denied as moot.
STATEMENT OF UNDISPUTED FACTS*fn1
Dr. Ledergerber is the inventor and owner of the '418 patent. (Pl. 56.1 Inv. Resp. ¶ 2.) Ledergerber is a Delaware company with its principal place of business in Chicago, Illinois, and is the exclusive licensee of Dr. Ledergerber's rights in the '418 patent. (Pl. 56.1 Inv. Resp. ¶ 3.) Gore is a Delaware corporation that manufactures and sells the Preclude MVP, a medical implant covering. (Pl. 56.1 Non-inf. Resp. ¶ 30.)
I. The Patent Application and Examination
Dr. Ledergerber filed a patent application on March 19, 2001, which eventually issued as the '418 patent on July 26, 2005. (Pl. 56.1 Inv. Resp. ¶ 8.) The issued patent is called "Dual-Sided, Texturized Biocompatible Structure." (Id.)
The claims of the initial patent application were as follows: Claim 1: An implantable sheet for implantation in a body comprising: An implantable sheet of ePTFE having a first surface and a second surface, the first surface being non-textured, and the second surface being textured, the second surface having: a plurality of continuous, parallel channels extending into the thickness dimension of the sheet, the channels being formed by cutting the second surface of the sheet, a plurality of ridges disposed between the channels, forming troughs and the second surface comprising a pattern of ridges and troughs, the pattern including a plurality of parallel wells.
Claim 2: The sheet of claim 1 wherein each channel has a cross-sectional dimension of varying width.
Claim 3: The sheet of claim 1 wherein the pattern is periodic.
Claim 4: The sheet of claim 1 wherein the pattern is repetitive.
Claim 5: The sheet of claim 1 wherein the pattern is uniform.
Claim 6: The sheet of claim 1 comprising a laminated structure.
Claim 7: The sheet of claim 1 wherein the plane of the ridge regions is substantially parallel to the ...