by William G. Kratz Jr.
While a term such as “bonded” in a claim can include many types of adhesive connection, the term can be specifically narrowed to the use of a particular adhesive means depending on the patent specification and prosecution.
The U.S. Court of Appeals for the Federal Circuit, in Marctec, L.L.C. v. Johnson & Johnson and Cordis Corporation affirmed a District Court decision which constructed the term “bonded” in U.S. 7,128,753 and U.S. 7,217,290 to mean “bonded by the application of heat.”
The accused product, which the District Court found did not infringe U.S. 7,128,753 and U.S. 7,217,290, was a stint for implantation into patients, where the stint has a slotted metal tube bonded to a matrix comprised of two polymers, where, during the manufacturing process called “solution casting” the polymer and drugs are dissolved in a volatile solvent, and the resulting solution is sprayed onto the stints and dried to leave the polymer/drug coating “bonded” to the stints. The solution coating process is done at room temperature, with no heat applied.—click here to read more—