Agilent Technologies, Inc. v. Axion Biosystems, Inc.

Summary

The United States District Court for the District of Delaware addresses cross-motions for summary judgment concerning whether patent claims reciting “cell index” terms are indefinite. The court grants Agilent Technologies’ motion, adopts its proposed constructions, and denies Axion Biosystems’ indefiniteness motion. The opinion concludes that the intrinsic evidence provides reasonable certainty regarding the meaning and scope of the coined claim terms.

Holdings

1. The terms "calculating cell index values," "calculating a cell index," and "cell index" are not indefinite because the intrinsic record informs a person of ordinary skill in the art, with reasonable certainty, that the terms concern parameters derived from measured impedance values and reflecting a change in impedance values.
2. "Calculating cell index values" means "calculating parameters derived from measured impedance values that reflect a change in impedance values."
3. "Calculating a cell index" means "calculating a parameter derived from measured impedance values that reflects a change in impedance values," and "cell index" means "a parameter derived from measured impedance values that reflects a change in impedance values."

Questions Presented

1. Whether the asserted patent claims reciting "calculating cell index values," "calculating a cell index," and "cell index" are indefinite under 35 U.S.C. § 112(b).
2. How the disputed cell-index terms should be construed.

Disposition

other