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IP News

By Matt Berkowitz
April 30, 2007

The Limited Applicability of the 'Tangential Relation' Exception

In Cross Medical Prods., Inc. v. Medtronic Sofamor Danek, Inc., No. 05-1415, the alleged infringer appealed a district court ruling that it infringed claim 5 of U.S. Patent 5,474,555 ('the '555 patent') under the doctrine of equivalents even though the patentee narrowed the claim during prosecution.

In 2003, Cross Medical sued Medtronic for infringement of the '555 patent, which is directed to polyaxial screws for the internal fixation of the spine. Following the district court's grant of Cross Medical's motions for partial summary judgment on validity and infringement of claim 5, Medtronic immediately appealed, despite ongoing proceedings at the district court. While the first appeal was pending, Medtronic redesigned its polyaxial screws in an attempt to avoid infringement. Specifically, Medtronic relied on a narrowing amendment made during prosecution.

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