In Atlas IP, LLC v. St. Jude Medical, Inc., Appeal No. 2015-1190, the Federal Circuit reversed the district court’s summary judgment of noninfringement as based on an erroneous claim construction. 

In a dispute involving the same patent in Atlas v. Medtronic, the district court further construed the disputed claim to require that the hub transmit to the remotes before the communication cycle begins.  The district court granted St. Jude’s motion for summary judgment of noninfringement based on this construction.

The Federal Circuit reversed.  While the claim requires that the starting time and duration of the cycle must be communicated by the hub to the remotes before the time at which the remote may begin transmitting, nothing in the plain reading of the claim language requires such communication even earlier.  Indeed, other claims suggest that the relevant information is sent during each communication cycle, not in advance.  The specification explicitly states that remotes know “approximately” when to expect information from the hub, thus, no “pre-cycle” transmission is required.