Court Denies Defendant’s Motion to Serve Amended Invalidity Contentions on Surgical Waste Management Device Patent

July 19, 2018 – Stryker Corporation and Stryker Sales Corporation had brought an infringement suit against Poseidon Surgical, LLC for its patent regarding surgical waste management devices.

On July 17, the Court denied defendant’s motion for leave to amend its invalidity and unenforceability contentions because it failed to establish good cause for the amendments following claim construction. The Court’s resolution of claim construction was not deemed reason enough for Defendant to amend its invalidity and unenforceability contentions since the Defendant was aware of the Court’s adopted construction well before the deadline for serving the contentions.

The patent at issue is U.S. Patent No. 7,615,037, entitled “Removable Inlet Manifold for a Medical/Surgical Waste Collection System, the Manifold Including a Driver for Actuating a Valve Integral with the Waste Collection System.” The case is captioned Stryker Corporation et al v. Poseidon Surgical, LLC, Case No. 1-16-cv-01199, and is pending in the Western District of Michigan.

By: Julian G. Pymento