BIOMEDINO, LLC v. WATERS TECHNOLOGIES CORP.

No. 2006-1350.

490 F.3d 946 (2007)

BIOMEDINO, LLC, Plaintiff-Appellant, v. WATERS TECHNOLOGIES CORPORATION, Defendant-Appellee, and General Electric Company (doing business as GE Healthcare), Defendant-Appellee, and Agilent Technologies, Incorporated, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 18, 2007.


Attorney(s) appearing for the Case

Alisa Anne Lipski, Goldstein, Faucett & Prebeg, LLP, of Houston, Texas, argued for plaintiff-appellant. On the brief was Edward W. Goldstein.

Robert P. Taylor, Howrey LLP, of East Palo Alto, CA, argued for defendant-appellee, General Electric Company (d/b/a GE Healthcare), and all other defendants-appellees. With him on the brief for General Electric Company were Matthew M. Wolf, Howrey LLP, of Washington DC, Wallace Wu, of Los Angeles, CA, and Richard L. Stanley, of Houston, TX. With him on the brief for Waters Technologies Corporation were Aslan Baghdadi, Lawrence J. Gotts, and June E. Cohan, Paul, Hastings, Janofsky & Walker LLP, of Washington, DC. With him on the brief for Agilent Technologies, Incorporated, were James W. Geriak, Kurt T. Mulville, and Hardip B. Passananti, Orrick, Herrington & Sutcliffe LLP, of Irvine, CA. Of counsel was Joseph K. Liu.

Before RADER, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.


ARCHER, Senior Circuit Judge.

Biomedino, LLC ("Biomedino") appeals the judgment of the United States District Court for the Western District of Washington that claims 13-17 and 40 of U.S. Pat. No. 6,602,502 ("the '502 patent") are invalid for indefiniteness under 35 U.S.C. § 112, ¶ 2. Biomedino v. Waters Techs. Corp., No. CV05-0042 (W.D.Wash. Mar. 15, 2006). Because the claim limitation "control means" has no corresponding structure described in the...

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