Welch Allyn, Inc. v. OBP Corporation et al

Filing 110

DECISION AND ORDER: Plaintiff's objections to the Amended Report-Recommendation, Dkt. # 98 , are hereby Overruled. Defendants' objections to the Amended Report-Recommendation, Dkt. # 97 , are hereby Overruled, and the Amended Report-Recommendation, Dkt. # 90 , is hereby adopted. Accordingly, the following constructions of the claim terms are hereby adopted: Agreed-Upon Terms. {See Chart on pages 2, 3 and 4}. Signed by Senior Judge Thomas J. McAvoy on 06/16/2016. (hmr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

WELCH ALLYN, INC.,
Plaintiff,
v.

5:14-cv-1122
(TJM/DEP)

OBP CORPORATION and
OBP MEDICAL, INC.,
Defendants.

Thomas J. McAvoy, D.J.

DECISION and ORDER
The Court referred this patent infringement action to the Hon. David E. Peebles,
United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C.
§ 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. Plaintiff
alleges that Defendants infringed its United States Patent No. 8,435,175, entitled “Vag inal
Speculum Apparatus.” Presently at issue is how the claims in that patent should be
construed.
The Report-Recommendation, dated March 31, 2016, addressed the parties claimconstruction arguments. Magistrate Judge Peebles recommended that the Court adopt
the claim-construction language that was undisputed by the parties and further
recommended specific language for those claims the parties disputed.
Both sides filed objections to the Report and Recommendation. When objections

1

to a magistrate judge’s Report-Recommendation are lodged, the Court makes a “de novo
determination of those portions of the report or specified proposed findings or
recommendations to which objection is made.” See 28 U.S.C. § 636(b)(1). After such a
review, the Court may “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge. The judge may also receive further
evidence or recommit the matter to the magistrate judge with instructions.” Id.
Having reviewed the record de novo and having considered the issues raised in the
Plaintiff’s objections, this Court has determined to accept and adopt the recommendations
of Magistrate Judge Peebles for the reasons stated in the Report-Recommendation.
Accordingly:
Plaintiff’s objections to the Amended Report-Recommendation, dkt. # 98, are
hereby OVERRULED. Defendants’ objections to the Amended Report-Recommendation,
dkt. # 97, are hereby OVERRULED, and the Amended Report-Recommendation, dkt. #
90, is hereby adopted. Accordingly, the following constructions of the claim terms are
hereby adopted:
1. Agreed-Upon Terms:
Term/Phrase

Agreed Construction

integral curved light pipe

a component of the portable illumination
assembly that transmits light

receives

the handle portion itself (not some other
component) holds or contains a portion of
the portable illumination assembly

set of rails

a pair of substantially straight structures
(for example, a track) on the handle
portion of the portable illumination
assembly
2

housing

an enclosure that retains the portable
power supply

within a common housing

an enclosure that retains within it the
components of the portable illumination
assembly

2. Claims in dispute
Term

Construction

portable illumination assembly

a self-contained illumination assembly that
can be easily moved from place-to-place

switch

a lever, plug, or other device for making or
breaking contact, or altering the
connections of a circuit

mechanism for energizing

a slider switch with a conductive strip; a
rotary switch with conductive strip; an
optical switch; a magnetic/reed switch; an
ON/OFF throw switch that can be enabled
with the speculum when engaged
therewith to automatically or manually
energize and de-energize the LED; and
equivalents of the foregoing switches

said speculum is disposable

the speculum is designed to be discarded
after a single use or a single patient use

the entire apparatus is disposable

the entire apparatus is designed to be
discarded after a single use or a single
patient use

said illumination assembly is accessed
. . . through said opening

the portable illumination assembly can be
energized and/or removed through the
opening

can be accessed . . . only through said
defined opening

the portable illumination assembly is
designed to be energized only by
accessing the energization mechanism
through the opening formed by the yoke
and lever portion

releasably attached

capable of being easily detached

3

lower Blade

no construction necessary

handle Portion

no construction necessary

proximal End

no construction necessary

IT IS SO ORDERED

Dated: June 16, 2016

4