Following a claim construction, jury trial, and reversal by the Federal Circuit, the dispute between Haemonetics and Fenwal regarding centrifuge devices found itself again before Judge Gorton. Haemonetics sought a new status conference under Local Rule 16.6 so that it could present new claim construction arguments related to the term “plurality of tubes.”
Judge Gorton would have none of it. He ruled that since the parties had previously agreed on the construction of “plurality” and “tubes,” the plaintiff’s argument that the parties had not agreed on “plurality of tubes” to be “pure sophistry.” Further, he noted that the plaintiff was judicially estopped from arguing a new construction of the term since it had successfully moved in limine pre-trial to prevent the defendant from doing the same.
Haemonetics Corp. v. Fenwal, Inc., 05-12572-NMG, 09-12107-NMG (D. Mass. Oct. 13, 2010)
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