Young v. Lumenis, Inc.

William P. Young appeals from the judgment of the United States District Court for the Southern District of Ohio holding that claims 1-5 of U.S. Patent 6,502,579 (the “’579 patent”) are invalid as indefinite under 35 U.S.C. § 112, ¶ 2 and the summary judgment that the ’579 patent is unenforceable by reason of inequitable conduct. Young v. Lumenis, Inc., No. 2:03-CV-655 (S.D. Ohio Nov. 1, 2005) (Indefiniteness Order); Young v. Lumenis, Inc., No. 2:03-CV-655 (S.D. Ohio Mar. 28, 2006) (Inequitable Conduct Order). Because we conclude that the term “near” is not indefinite, we reverse the judgment of invalidity. Because we conclude that no inequitable conduct occurred during the reexamination of the ’579 patent, we reverse the court’s grant of summary judgment of patent unenforceability.

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