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CAFC Weekly: September 24, 2010

by Orlando Lopez

This week produced only one presidential opinion, Laryngeal Mask Company v. Ambu. Laryngeal Mask owns a patent related to laryngeal mask airway devices, which are used to deliver anesthetic gases during surgery and to establish unobstructed airways in patients.  Laryngeal Mask sued Ambu for infringement of this patent.  The District Court, granting summary judgment, found that Ambu did not infringe and that the patent was not valid for lack of written description.  In review of this case, the CAFC considered claim construction and the lack of written description.  Upon determining that that the claim construction was erroneous, the CAFC reversed the judgment of non-infringement.  Additionally, finding that there were issues of material fact, the CAFC remanded the issue of “lack of written description” back to the District Court for further consideration.  This opinion is of interest since it reviews how lack of written description is considered.  The determination of whether the written description requirement is satisfied is a matter of fact.


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