Welch Allyn, Inc. v. OBP Corporation et al

Filing 136

DECISION and ORDER: that Defendants' objections to the Report-Recommendation, dkt. # 131, are hereby Overrulled, and the Report-Recommendation, dkt. #126, is hereby Adopted. The constructions of the claim terms at issue are hereby adopted - re 1 19 Opening Claim Construction Brief; and 120 Opening Claim Construction Brief. (Previous 136 Decision and Order entry was removed on 9/27/2017 due to the incorrect Decision and Order was docketed.) Signed by Senior Judge Thomas J. McAvoy on 09/27/2017.(hmr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

WELCH ALLYN, INC.,
Plaintiff,
v.

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

OBP CORPORATION and
OBP MEDICAL, INC.,
Defendants.

WELCH ALLYN, INC.,
Plaintiff,
v.

5:16-cv-538
(TJM/DEP)
MEMBER CASE

OBP CORPORATION and
OBP MEDICAL, INC.,
Defendants.

Thomas J. McAvoy, D.J.

DECISION and ORDER
The Court referred these patent infringement actions 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.
Presently at issue is claim construction. See Plaintiff’s Opening Claim Construction Brief,
dkt. # 119; Defendants’ Opening Claim Construction Brief, dkt. # 120.
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The Report-Recommendation, dated June 23, 2017, recom mended construction
language for the claim terms at dispute in the matter.
Defendants filed objections to the Report and Recommendation. When objections
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:
Defendants’ objections to the Report-Recommendation, dkt. # 131, are hereby
OVERRULED, and the Report-Recommendation, dkt. # 126, is hereby ADOPTED. The
following constructions of the claim terms at issue are hereby adopted:
Term

Construction

illumination assembly

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

mechanism for energizing/mechanism for
selectively energizing

a slider switch with a conductive strip; a
rotary switch with a 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
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the housing extends along the inner
surface of the curved portion of the lower
blade

the housing extends along, but can extend
beyond, the inner surface of the lower
blade that is curved

the proximal end of the housing is
disposed along the inner surface of the
curved portion of the lower blade/a
proximal end of the housing is disposed
along the inner

the proximal end of the housing is
positioned along the lower portion of the
inner surface of the lower blade that is the
curved portion of the lower blade

the housing of the portable illumination
assembly being attached to the inner
surface of the curved portion of the lower
blade and shaped in accordance with the
curved portion/the housing of the portable
illumination assembly is attached to the
inner surface of the curved portion of the
lower blade and shaped in accordance
therewith/defined by a shape that
conforms with the curved portion

the housing of the portable illumination
assembly is attached to the inner surface
of the curved portion of the lower blade
and is shaped in accordance with the
curved portion of the lower blade, but need
not be attached to that curved portion at all
points

retained

held in place

a switch disposed on the exterior of the
housing

at least a portion of the switch is placed in
contact with the exterior of the housing

at least one of the speculum and the
illumination assembly is configured for at
least one
of single use or single patient use

the speculum, the illumination assembly,
or both, are designed to be discarded after
a single use or a single patient use

circuitry

two or more components through which an
electric current can flow

IT IS SO ORDERED.

Dated:September 27, 2017

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