Viveve, Inc. v. ThermiGen LLC et al, No. 2:16-cv-01189 (E.D. Tex. Nov. 13, 2017)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

On October 18, 2017, the Court held a hearing to determine the proper construction of the disputed claim terms in United States Patent No. 8,961,511 (“the ’511 Patent”). The Court has considered the arguments made by the parties at the hearing and in their claim construction briefs. (Dkt. Nos. 53, 57, & 62.) The Court has also considered the intrinsic evidence and made subsidiary factual findings about the extrinsic evidence. See Phillips v. AWH Corp. , 415 F.3d 1303, 1314 (Fed. Cir. 2005); Teva Pharm. USA, Inc. v. Sandoz, Inc. , 135 S. Ct.