Specification Must Support Claim Scope

Medtronic Navigation, Inc. v. Brainlaw Medizinische Computersysteme GmbH, [06-1289](February 5, 2007)[LOURIE, Newman, and Bryson] NON-PRECEDENTIAL The Federal Circuit affirmed the district court’s judgment as a matter of law of non-infringement.
SIGNIFICANCE: Brief, non-enabling reference is not sufficient to expand claim scope
BRIEF: The Federal Circuit agreed with the district court that the claims to “reference means” did not extend to optical sensors because there was no reference to optical sensors in the specification except one brief, non enabling statement, which the Federal Circuit concluded was an attempt to preempt the future before it has arrived. The Federal Circuit further agreed that Medtronic was estopped from pursuing infringement under the Doctrine of Equivalents. As to remaining patents in suit, the Federal Circuit found an absence of evidence of Equivalents, and affirmed the judgment as a matter of law.