This appeal arises under the patent laws. Plaintiff MBO Laboratories, Inc. (“MBO”) appeals a summary judgment of noninfringement of U.S. Patent No. RE 36,885 (“the RE ’885 patent”) granted by the United States District Court for the District of Massachusetts. After conducting a Markman hearing, the district court construed the various disputed claim terms. MBO Labs. v. Becton, Dickinson, & Co., 385 F. Supp. 2d 88 (D. Mass. 2005). MBO conceded that under the district court’s claim construction there was no infringement of the patent claims. The district court therefore granted summary judgment in favor of defendant Becton, Dickinson & Company (“Becton”). MBO timely appealed the claim construction to this court.
For the reasons given below, we affirm the district court’s construction of the disputed term “immediately” except as that construction affects claims 32 and 33, and we reverse as to “slidably receiving,” “relative movement,” “adjacent,” “proximity,” and “mounted on said body,” and remand for further proceedings consistent with this opinion.
