Trujillo v. Apple Computer, Inc. et al

Filing 1112

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SHEN WEI (USA) INC. and MEDLINE INDUSTRIES, INC., Plaintiffs, v. ANSELL HEALTHCARE PRODUCTS, INC., Defendant. ) ) ) ) ) ) ) ) ) ) )

Civil Case No. 1:05-CV-06003

Hon. Judge Guzman

ANSELL'S CLAIM CONSTRUCTION THEORIES WITH RESPECT TO CLAIM TERMS IDENTIFIED BY PLAINTIFFS AS NEEDING CONSTRUCTION Pursuant to the instruction of the Court at the July 18, 2006 hearing, Ansell Healthcare Products LLC ("Ansell") provides its claim construction theories, as presently developed, with respect to those claim terms identified by plaintiffs as needing construction. Claim Term: "evaporating the liquid carrier from the preparation to form a dry dehydrated preparation . . . . " [Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 25, 26, 27, 28, 29, 33, 34, 35, 44, 45, 46, 47]. Ansell's Proposed Construction ­ Drawing all the liquid from the preparation so as to leave only a substance that is free from liquid or moisture. Claim Term: "a dry . . . substance that had undergone dehydration, prior to becoming dry . . . . " [Claims 13, 14, 15, 16, 18, 22, 23, 48, 49, 50, 51]. Ansell's Proposed

Construction ­ A substance from which the liquid has been removed by evaporation so as to leave that substance free from liquid or moisture.

Intrinsic And Extrinsic Evidence Supporting Ansell's Proposed Constructions (a) '852 patent specification: Col. 2, lines 55-57, 64-67; Col. 4, lines 41-42;

Col. 5, lines 16-17, 45-47, 59-62; Col. 6, lines 10-11; Col. 7, lines 9-14, 46-47; Col. 8, lines 2834. (b) Prosecution history: SWM000110; 000111; 000161; 000162; 000167;

000179-80; 000321; 000338. (c) ed. (2000): "Dehydrate" ­ def. 1; "Dry" ­ def. 1, 5; "Evaporate" ­ def. 2. (d) Inventor and expert testimony: Dictionary: American Heritage Dictionary of the English Language, 4th

The deposition of the named inventor will be taken on August 22, 2006. Ansell has not yet retained any experts in this case. Ansell therefore reserves the right to supplement its claim construction positions with inventor and expert testimony. Ansell also reserves the right to propose constructions of additional terms to the extent the need therefor becomes apparent as discovery progresses.

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DATED: August 8, 2006

_______/s/ Patrick J. Kelleher_________ Patrick J. Kelleher (ARDC # 06216338) GARDNER CARTON & DOUGLAS 191 North Wacker Drive, Suite 3700 Chicago, Illinois 60606-1698 Telephone: [phone] Facsimile: [phone] and Thomas B. Kenworthy David W. Marston Jr. MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, Pennsylvania 19103-2921 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Ansell Healthcare Products LLC

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CERTIFICATE OF SERVICE I, PATRICK J. KELLEHER, do hereby certify that on this date, I caused true and correct copies of the foregoing Ansell's Claim Construction Theories With Respect To Claim Terms Identified By Plaintiffs As Needing Construction to be served upon the belowlisted counsel by ecf and First Class U.S. Mail:

Edward F. McCormack, Esquire Russell J. Genet, Esquire JENKENS & GILCHRIST, P.C. 225 West Washington Street, Suite 2600 Chicago, Illinois 60606-3418 Attorney for Plaintiffs Shen Wei (USA) Inc. and Medline Industries, Inc. Timothy J. Haller, Esquire Frederick C. Laney, Esquire NIRO, SCAVONE, HALLER & NIRO 181 West Madison Street, Suite 4600 Chicago, Illinois 60602-4515 Neil F. Greenblum, Esquire Michael J. Fink, Esquire Rebecca A. Brown, Esquire GREENBLUM & BERNSTEIN, P.L.C. 1950 Roland Clarke Place Reston, Virginia 20191 Attorneys For Sempermed USA, Inc.

DATED: August 8, 2006
CH01/ 12484045.1

______/s/ Patrick J. Kelleher_____ PATRICK J. KELLEHER