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Agamatrix, Inc. v. Dexcom, Inc.

United States District Court, D. Oregon

February 14, 2017

Agamatrix, Inc.
v.
Dexcom, Inc. DISPUTED CLAIM / TERM ADOPTED CONSTRUCTION

          PLAINTIFF'S COUNSEL Jason Wrubleski Nicholas Aldrich Scott Eads.

          DEFENDANT'S COUNSEL Calvin Griffith Andrew Woodmansee Scott Davis.

          HON. MICHAEL W MOSMAN PRESIDING JUDGE.

         DOCKET ENTRY:

         Based on the briefings of the parties and oral argument during the Markman Hearing on February 10, 2017, die Court adopts the following claim construction:

DISPUTED CLAIM / TERM
ADOPTED CONSTRUCTION

"structurally flexible core" 202: 1-3, 5-6, 9-11 433: 1-3, 5-6, 8-11

a core of a sensor (or sensing element) made from a material such as nitinol or tantalum, that can be repeatedly flexed without breaking or fracturing when inserted in a patient for a period of several days

"surrounding, covering, and in contact with said outer surface of said core"

202: 1-3, 5-6, 9-11

433: 1-3, 5-6, 8-11

No construction needed.

"[further] surrounds, covers, and is in contact and said at least a first end of said core

202:11

433: 11

No construction needed.

"said outer surface of said core"

202: 1-3, 5-6, 9-11

433: 1-3, 5-6, 8-11

die cylindrical surface of the core

“a first end of said core”

202: 11

433: 11

the distal tip of the core

“Electrochemically Active Metal”

202: 1-3, 5-6, 9-11

433: 1-3, 5-6, 8-11

an inert metal that allows current production from the reaction of certain chemicals

“electrochemically active metal prevents body fluid from contacting said core”

433: 1-3, 5-6, 8-11

No construction needed.

“a membrane system comprising an enzyme”

433: 1-3, 5-6, 8-11

one or more membranes, at least one of which includes an enzyme

“electrochemically active surface”

574: 1, 4-6, 8-10, 15-17, 19

surface of an electrochemically active substance, such as platinum

“cavity along said electrochemically active surface and between said at least two nubs”

574: 1, 4-6, 8

No construction needed.

“a sensing region along a portion of said electrochemically active surface”

574: 9, 10, 15-17, 19

an area for sensing an analyte along a portion of said electrochemically active surface

“active sensing region” 574: 9, 10, 15-17, 19

sensing area with an enzyme layer

“[nub] displaced longitudinally from said electrochemically active surface”

574: 6, 17

No construction needed.

“nubs”

574: 1, 4-6, 8-10, 15-17

protruding structures

“surrounding said at least two nubs and said electrochemically active surface at least along said cavity”

574: 1, 4-6, 8

No construction needed.

“said enzyme layer surrounding said sensing region of said electrochemically active surface to form an active sensing region and surrounding said plurality of nubs”

574: 9, 10, 15-17, 19

No construction needed.


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