Roche Diagnostics Corp. v. Selfcare Inc.

ORDER ON SUMMARY JUDGMENT MOTIONS

McKINNEY, Chief Judge.

This cause is now before the Court on the defendant’s, Bayer Corporation (“Bayer”), motion for summary judgment of non-infringement of the plaintiffs, Roche Diagnostics Corporation (“Roche”), patent, U.S. Patent Reissue No. 36,268 (“'268 patent”). Bayer argues that summary judgment is appropriate because Roche has no data to support a finding that Bayer’s accused devices infringe the “substantially to completion” and the “buffer” limitations of the '268 patent claims.

In addition, Roche has moved for summary judgnent on Bayer’s defense of…