Haemonetics Corp.. v. Fenwal Inc.
| Citation | 746 F.Supp.2d 314 |
| Decision Date | 13 October 2010 |
| Docket Number | Array |
| Parties | HAEMONETICS CORP., Plaintiff,v.FENWAL, INC., Defendant. |
| Court | U.S. District Court — District of Massachusetts |
OPINION TEXT STARTS HERE
James W. Matthews, Katy Ellen Koski, Margaret H. Paget, Robert J. Muldoon, Jr., Sherin and Lodgen LLP, Martin J. O'Donnell, Cesari & McKenna, LLP, Boston, MA, for Plaintiff.Daniel J. Gleason, Heather B. Repicky, Timothy D. Johnston, Nutter, McClennen & Fish, LLP, Boston, MA, Gregory A. Castanias, Jones Day, Washington, DC, John J. Normile, Jones Day, New York, NY, for Defendant.
These cases arise from a patent dispute between Haemonetics Corp. (“Haemonetics”) and Fenwal, Inc. (“Fenwal”) concerning a red blood cell (“RBC”) separation device. Only the background relevant to the plaintiff's Motion for a Status Conference is included here, as this dispute stretches back over five years and two separate actions.
I. BackgroundA. The '05 Case
On December 22, 2005, Haemonetics, a manufacturer of instruments used to collect and separate blood samples, filed suit (“the '05 Case”) against Baxter Healthcare Corp. (later adding Fenwal as a defendant) for infringement of U.S. Patent No. 6,705,983 (“the '983 Patent”), which Haemonetics owns by assignment. The '983 Patent relates to a centrifuge device which separates and collects RBCs from a donor's drawn blood before transfusing the purified components to the donor, thus yielding up to double the volume of RBCs from a single donation as compared to manual collection. The device consists of two parts: a vessel in which the blood separation takes place (“the Vessel”) and tubing which carries blood in and out of the vessel (“the Tubes”).
On July 13, 2007, the Court presided over a Markman hearing regarding the construction of disputed terms, including “centrifugal unit” in Claim 16. The parties agreed that “a centrifugal unit comprising a centrifugal component and a plurality of tubes” meant both the Vessel and the Tubes but they disagreed as to the meaning of the two subsequent references to “centrifugal unit” in the same claim. On August 16, 2007, the Court issued a claim construction order in which it found that the disputed term “centrifugal unit” referred to the Vessel only.
Following claim construction and discovery, the case proceeded to a jury trial in January 2009. The Court allowed Haemonetics' motion for Judgment as a Matter of Law (“JMOL”) that Claim 16 was not indefinite. The jury returned a verdict for Haemonetics and awarded damages of over $18 million in lost profits and royalties. The Court subsequently entered a Permanent Injunction and Provisional Royalty requirement.
In August 2009, Fenwal appealed to the Federal Circuit, arguing that this Court erred in its construction of “centrifugal unit” in Claim 16 and in allowing JMOL that Claim 16 was not indefinite. In June 2010, the Federal Circuit concluded, contrary to this Court's construction, that “centrifugal unit” in Claim 16 “consistently means a vessel and a plurality of tubes.” Haemonetics Corp. v. Baxter Healthcare Corp., 607 F.3d 776, 783 (Fed.Cir.2010). The Federal Circuit vacated this Court's JMOL and remanded for further proceedings, including a determination of 1) the meaning of “radius” and “height” under the correct claim construction of “centrifugal unit” and 2) whether claim 16 is definite. The Federal Circuit also vacated the jury verdict and the award of prospective damages which were found to be based upon an incorrect claim construction.
B. The '09 Case
During the pendency of the appeal in the '05 case, Fenwal designed a new version of its product which it believed avoided infringement of the '983 Patent. In December 2009, Haemonetics commenced a new action against Fenwal (“the '09 Case”) seeking a declaration that Fenwal's redesigned separation cup continued to infringe the '983 Patent.
On July 13, 2010, this Court held a status conference to determine the effect of the Federal Circuit's decision on both the '05 and '09 Cases. Haemonetics maintained that there is still an active dispute with respect to the redesigned product and that another claim construction hearing before this Court is necessary to construe other terms in Claim 16, specifically “plurality of tubes.” Fenwal responded that the case should proceed to consideration of motions for summary judgment. Due to Haemonetics' then-pending petition in the Federal Circuit for rehearing en banc of the appeal in the '05 Case, the parties agreed that two weeks after the issuance of the impending mandate the plaintiff would submit its infringement contentions to which the defendant would file its timely response thereafter.
Haemonetics' petition for rehearing en banc was denied on August 13, 2010, and the Federal Circuit issued its judgment as a mandate on August 20, 2010. On September 9, 2010, Haemonetics filed its infringement contentions and a Motion for Status Conference in order to discuss scheduling and other pre-trial proceedings. On September 17, 2010, Fenwal filed its opposition, arguing that the plaintiff's motion fails to set forth grounds for such a conference and that the plaintiff's previously articulated grounds are untenable. Fenwal asks the Court to issue a briefing schedule for dispositive motions. On October 1, 2010, Haemonetics filed a reply to Fenwal's opposition to which Fenwal has since filed a sur-reply.
II. AnalysisA. Legal Standard
The convening of a pretrial conference is not compulsory and falls within the discretion of the Court. See Fed.R.Civ.P. 16; Levin v. Dalva Bros., Inc., 459 F.3d 68, 72 (1st Cir.2006); AFL–CIO Laundry & Dry Cleaning Int'l Union v. AFL–CIO Laundry, 70 F.3d 717, 719 n. 2 (1st Cir.1995). The applicable local rules provide that an initial scheduling conference shall be convened for every civil action, with some exceptions, and that subsequent conferences are within the Court's discretion. See LR 16.1, 16.3. For patent...
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