Lecat’s Ventriloscope Ordered to Supplement Initial Infringement Contentions

Feb. 10, 2017 – The Court declined to grant Defendants MT Tool and Manufacturing’s motion to strike Plaintiffs Lecat’s Ventriloscope Initial Infringement Contentions, instead treating it as a motion to compel more detailed initial infringement contentions. Under this reading of the motion, the Court ordered Plaintiff to supplement its initial infringement contentions to identify the product literature or other materials that allegedly instruct customers to use the accused device in an infringing manner.  The patent-at-issue is U.S. Patent No. 7,645,141, which relates to an arrangement for auscultation training. The claimed arrangement is designed to “allow for the broadcast of simulated medical sounds to a generally, normal appearing auscultation device for the purposes of teaching or testing using simulated patient scenarios, while allowing for normal person-to-person interaction between the simulated patient and the physician.”  The case is in the United States District Court for the Northern District of Illinois, No. 16-C-5298.

By: Katherine E. Adams