Judge Sleet grants motion for reconsideration of claim construction

In Lifeport Sciences LLC, et al. v. Cook Incorporated, et al., C.A. No. 13-362-GMS (D. Del. Aug. 20, 2015), Judge Gregory M. Sleet granted defendants’ motion for reconsideration of the Court’s construction of the term “a displacement member attached to said tubular member for displacing the filter from said segment.”  In its Markman order, the Court had initially rejected defendants’ contention that this term should be construed as a means-plus-function term, and adopted a plain and ordinary meaning construction.  Id. at 1 n.1.  Although the Court pointed out that motions for reconsideration should be granted sparingly, id. at 1, the Court ultimately granted the motion, agreeing with defendants’ prior arguments that looked to other terms for guidance, see id. at 2, and it thus construed the term as a means-plus-function claim with a corresponding structure.  The Court also noted that plaintiff’s expert’s declaration should not have been relied on, as the Court had indicated at the Markman hearing that extrinsic evidence would not be considered, thus defendants had not been able to “present[] their own extrinsic evidence or arguments in opposition.”  Id. at 2 n.2.

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