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In a companion case to Atlas IP, LLC v. Medtronic, Inc., Atlas appealed the district court’s grant of summary judgment of non-infringement to Medtronic.  Atlas contended that the district court’s claim construction was erroneous and the court agreed.  The issue involved the construction of the “establishing” and “transmitting” limitations.  Initially, the district court construed these limitations to mean that information necessary to know in advance the starting time and duration was sent.  The district court then clarified that “in advance” meant that the information is transmitted in advance of the very communication cycle at issue.  The court reversed that construction and held that the information must be communicated only before the time at which remotes may begin transmitting, because the district court’s construction is not supported by the specification or claim language.  

Atlas IP, LLC v. St. Jude Medical, Inc., Case No. 2015-1190 (October 29, 2015); Opinion by: Taranto, joined by Moore and Reyna; Appealed From: District Court for the Southern District of Florida, Altonaga, J.  Read the full opinion here.

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