Late Change of Position on Claim Construction Barred by Judicial Estoppel

The court granted defendant's motion for summary judgment of noninfringement of plaintiff's cell separation patent and rejected plaintiff's newly-adopted claim construction. "[T]hroughout this protracted litigation, both parties have consistently identified the 'plurality of tubes' as the umbilicus. . . . [T]he doctrine of judicial estoppel prevents [plaintiff] from now asserting a different construction of 'plurality of tubes.'"

Haemonetics Corp. v. Baxter Healthcare Corp., et. al., 1-05-cv-12572 (MAD September 13, 2011, Order) (Gorton, J.)