Lifescan Wins Blood Sugar Monitor Infringement Dispute
Written December 6, 2019
The US Court of Appeals for the Federal Circuit on November 22, 2019, determined that LifeScan, Inc., the renowned leaders in blood glucose monitoring, did not infringe Phama Tech Solutions, Inc.’s patents for home blood glucose monitors. Pharma Tech Solutions, Inc. v. LifeScan, Inc., Fed. Cir., No. 19-01163, 11/22/19.
While Pharma Tech agreed that LifeScan’s OneTouch Ultra blood glucose meter did not literally infringe its patents, it asserted that the meter infringed under the doctrine of equivalents.
LifeScan countered that prosecution history estoppel barred Pharma Tech from succeeding on its infringement claims, asserting that Pharma Tech had narrowed its patent claims to be more specific during the patent application process.
The district court agreed, and Pharma Tech appealed.
The Federal Circuit affirmed, finding that Pharma Tech’s “clear statements” during the application process established estoppel.