Module 17 2024

Claim Construction Example

• Claim 1 recites:

– A shieldable needle assembly comprising:

• a needle cannula . . .

• a guard . . . [that is] slidably movable along said needle cannula from a first position . . . to a second position . . .,

• a hinged arm . . ., and

• spring means connected to said hinged arm for urging said guard along said needle cannula toward said second position

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Claim Construction Example

• The accused device had all elements of the claim, except that it did not contain a spring • But patentee asserted that the accused device contained a “living hinge”, made out of an elastic member that stores energy when compressed (i.e. in the first or open position of the device) – Patentee argued that the living hinge satisfied both the “hinged arm” element and the “spring means” element of the claim

• Does this device infringe?

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