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Generation II Orthotics Inc. v. Medical Technology Inc.

Judgment of non-infringement vacated because court erred in its construction of the term "controlled" in a functional statement in the means-plus-function limitation of one claim and erred in its application of 35 U.S.C. sec. 112 to certain method claims.

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Appealed from: United States District Court for the Western District of Washington Chief Judge John C. Coughenour

Generation II Orthotics, Inc. and its exclusive licensee, Generation II USA, Inc., appeal the district court’s claim construction and resulting judgment of non-infringement of United States Patent Nos. 5,302,169 (“’169 patent”) and 5,400,806 (“’806 patent”). Generation II Orthotics Inc. v. Med. Tech. Inc., No. C95-1842C, (W.D. Wash. Oct. 13, 1999). Because the district court erred in its construction of the term “controlled” in a functional statement in a means-plus-function clause, and erred in its application of 35 U.S.C. � 112, paragraph 6 to certain method claims, we vacate the judgment and remand for further proceedings in accordance with this opinion. We affirm the district court’s determination that � 112, paragraph 6 does not apply to claim 21 of the ’169 patent, but hold that it erred in its construction of the term “controlled.”

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