Drager Medical GmbH v. Allied Healthcare Products, Inc., C.A. No. 13-1656-SLR, March 27, 2015

Robinson, J.  Defendant’s motion for summary judgment of non-infringement is granted.

The disputed technology relates to a carbon dioxide absorber for a rebreather system.  The patent-in-suit is a combination patent with a connection head and a housing (“canister”) to be inserted and removed from the adapter of the rebreathing system.  Defendant does not sell the combination; it sells only the canister housing.  The patent exhaustion doctrine limits the rights that survive the authorized sale of a patented item.  The court concludes that the doctrine of permissible repair is implicated.  Replacement of a spent canister is a permissible repair.  Defendant’s sales of canisters therefore do not infringe.