Ledergerber Med. Innovs., LLC v. W.L. Gore & Assocs., Inc., No. 07 C 1593, Slip Op. (N.D. Ill. Feb. 17, 2009) (Kendall, J.).
Judge Kendall construed the claims in this patent dispute regarding surgical implants for use with brain tumors and hernias that direct scar tissue away from the implant surfaces. Of particular interest, the Court held, relying in part upon a dictionary definition, that "sheet" was a thin structure, instead of defendant’s broader definition which did not require that the structure be thin. The Court held that "non-textured" was focused on the tactile characteristics of the surface and meant that the surface was smooth. A surface was not required to be free of macroscopic defects. And the Court construed textured as the opposite of non-textured or not smooth.