Composite Resources Inc v. Recon Medical LLC

Filing 140

ORDER that Defendant's motion for clarification (ECF No. 125 ) is granted. The term "body part" is not a limitation as used throughout the asserted claims. Signed by Judge Miranda M. Du on 11/19/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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COMPOSITE RESOURCES, INC.,

Case No. 2:17-cv-01755-MMD-VCF

Plaintiff,

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v.

ORDER

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RECON MEDICAL, LLC,
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Defendant.
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Before the Court is Defendant Recon Medical, LLC’s motion for clarification.1

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(ECF No. 125.) The Court grants the motion, and clarifies that the term “body part” is

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not a limitation as used throughout the asserted claims. (See ECF No. 69 at 4 (making

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this argument).) To be clear, the term “body part” is not a limitation or element of the

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asserted claims, both as used in the preambles of the asserted patents and throughout

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the asserted claims.

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It is therefore ordered that Defendant’s motion for clarification (ECF No. 125) is

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granted. The term “body part” is not a limitation as used throughout the asserted claims.

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DATED THIS 19th day of November 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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The Court also reviewed Plaintiff Composite Resources, Inc.’s response (ECF
No. 133). Defendant did not file a reply.
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