Hysitron Incorporated v. MTS Systems Corporation

Filing 131

Hysitron Incorporated v. MTS Systems Corporation

Doc. 131

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August 11, 2008 VIA ECF FILING Magistrate Judge Arthur J. Boylan United States District Court Warren E. Burger Federal Building 316 North Robert Street St. Paul, MN 55101 Re: Hysitron Incorporated v. MTS Systems Corporation Court File No. 07 CV 1533 ADM/AJB M&G No. 15485.2USZA

Dear Magistrate Judge Boylan: Following the hearing on MTS' second motion to stay, the United States District Court for the District of Nebraska issued a Memorandum and Order in Ecolab, Inc. v. Paraclipse, Inc., Case No. 8:97CV304. A copy of that Memorandum and Order is attached. This decision is brought to the Court's attention because one of the issues presented is the relevance of claim construction by the Patent Office. In Ecolab, the patent re-issued after reexamination, and in the reexamination process the Patent Office made comments on the scope of the claims. The analysis and decision on this issue is found at page 15 of the Memorandum and Order. The Ecolab court concluded: Comments made by examiners or administrative law judges during the course of prosecution or reexamination of a patent are inapposite to claim construction in a patent litigation proceeding because the rules of claim construction that apply to patent litigation proceedings are different from those that apply during prosecution or reexamination proceedings.
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Magistrate Judge Arthur J. Boylan August 11, 2008 Page 2 * * * The Patent Office's claim construction standards simply are inapplicable to litigation. (Citations omitted) Respectfully submitted, s/Allen Hinderaker Allen Hinderaker cc: David P. Pearson, Esq. (w/encl. via ECF Filing)