the Regents of the University of Michigan v. Leica Microsystems, Inc.

N OTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
THE REGENTS OF THE UNIVERSITY OF
MICHIGAN,
Plaintiff-Appellant
v.
LEICA MICROSYSTEMS, INC.,
Defendant-Appellee
______________________
2025-1412
______________________
Appeal from the United States District Court for the
Northern District of California in No. 3:19-cv-07470-WHO,
Judge William H. Orrick, III.
______________________
Decided: July 31, 2026
______________________
RUSSELL T ONKOVICH , Alberti Lim & Tonkovich LLP,
Foster City, CA, argued for plaintiff-appellant. Also repre-
sented by J AMES BARABAS , AIDAN BREWSTER , MICHELE R.
WOODRUFF L YONS .
MATTHEW WOLF , Arnold & Porter Kaye Scholer LLP,
Washington, DC, argued for defendant-appellee. Also rep-
resented by CARSON ANDERSON, P HILIP W ILLIAM MARSH ,
Palo Alto, CA; ESTAYVAINE BRAGG, San Francisco, CA.
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REGENTS OF THE UNIVERSITY OF MICHIGAN v.
LEICA MICROSYSTEMS, INC.
2
______________________
Before P ROST , CHEN, and STOLL , Circuit Judges.
P ROST , Circuit Judge.
The Regents of the University of Michigan (“Michigan”)
appeals from a decision of the U.S. District Court for the
Northern District of California granting Leica Microsys-
tems, Inc.’s (“Leica”) motion for summary judgment of non-
infringement. For the following reasons, we affirm.
BACKGROUND
This appeal concerns U.S. Patent No. 7,277,169 (“the
’169 patent”), which relates to fluorescence detection sys-
tems for samples having fluorophores, a type of fluorescent
marker. To simultaneously detect a variety of targets, the
’169 patent discloses using a “supercontinuum” white light
laser to excite the fluorophores. As relevant to this appeal,
the ’169 patent distinguishes the claimed invention from
the prior art, which utilized optical filters that removed
parts of the light spectrum. ’169 patent col. 3 ll. 28–32.
All independent claims of the ’169 patent require “a su-
percontinuum white light pulse comprising an entire spec-
trum of white light,” and that the pulse excites the
fluorophores of the sample. ’169 patent claims 1 and 10
(“said supercontinuum white light pulse exciting the plu-
rality of fluorophores of the sample to emit fluorescence”);
see also id. at claim 19 (“said supercontinuum white light
pulse exciting the first fluorophore and the second fluoro-
phore to emit a first fluorescence and a second fluorescence
respectively”).
Michigan sued Leica, alleging that certain Leica prod-
ucts (“the Accused Products”) infringed the claims of the
’169 patent. See J.A. 32. In moving for summary judgment,
Leica argued that “the Accused Products excite fluoro-
phores of the sample using only several discrete, selected
wavelengths, filtered out from a white light pulse before
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REGENTS OF THE UNIVERSITY OF MICHIGAN v.
LEICA MICROSYSTEMS, INC.
3
the light hits the sample,” which did not meet the asserted
claims’ requirement that the fluorophores in the sample
are excited with “a supercontinuum white light pulse com-
prising an entire spectrum of white light.” J.A. 3462 (em-
phasis deleted). Michigan disagreed, arguing that the
claims do not require the “entire spectrum of white light”
to reach the sample. J.A. 4163–65. The district court, in
resolving the parties’ dispute over the claims’ scope, con-
cluded that “the scope of the ‘said supercontinuum’ lan-
guage necessarily refers to ‘a supercontinuum white light
pulse comprising an entire spectrum of white light’ as what
excites the fluorophores present in a sample.” Regents of
Univ. of Mich. v. Leica Microsystems Inc., No. 19-cv-07470,
2025 WL 56413, at *10 (N.D. Cal. Jan. 9, 2025) (“Summary
Judgment Order”). The district court granted Leica’s mo-
tion, holding that “no reasonable jury could find that the
Accused Products infringe on the ’169 patent because there
is no genuine dispute that the Accused Products do not
reach the scope of the ‘said supercontinuum’ claim lan-
guage.” Id. at *11.
Michigan timely appealed. We have jurisdiction under
28 U.S.C. § 1295(a)(1).
D ISCUSSION
In reviewing a district court’s summary judgment rul-
ing, we apply the law of the regional circuit—here, the
Ninth Circuit. ADASA Inc. v. Avery Dennison Corp.,
55 F.4th 900, 907 (Fed. Cir. 2022) (applying Ninth Circuit
law). “The Ninth Circuit ‘review[s] the district court’s
grant of summary judgment de novo, determining whether,
viewing all evidence in the light most favorable to the non-
moving party, there are any genuine issues of material fact
and whether the district court correctly applied the rele-
vant substantive law.’” Id. (quoting Kraus v. Presidio Tr.
Facilities Div./Residential Mgmt. Branch, 572 F.3d 1039,
1043–44 (9th Cir. 2009)). Here, the noninfringement “judg-
ment turns solely on claim construction, which the court
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REGENTS OF THE UNIVERSITY OF MICHIGAN v.
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reviews de novo.” SanDisk Corp. v. Memorex Prods., Inc.,
415 F.3d 1278, 1283 (Fed. Cir. 2005) (citation omitted).
Michigan argues that the district court erred in its con-
struction of the “said supercontinuum” terms1 and result-
ing grant of summary judgment of noninfringement. We
disagree.
Michigan takes issue with the district court’s inclusion
of “entire spectrum of white light” in its claim construction,
contending that the claims “[do] not impose any require-
ment on what light must physically reach the sample.” Ap-
pellant’s Br. 25. But Michigan’s position is inconsistent
with the claims’ plain language. The claims require the
fluorophores of the sample to be excited by the “said super-
continuum white light pulse.” See ’169 patent claims 1, 10,
19. As the district court correctly explained, the term
“said” is an anaphoric phrase that refers “back to the orig-
inal clause containing the term at issue.” Summary Judg-
ment Order, 2025 WL 56413, at *9; see Summit 6, LLC v.
Samsung Elecs. Co., 802 F.3d 1283, 1291 (Fed. Cir. 2015)
(noting that “claims using the term ‘said’ are ‘anaphoric
phrases, referring to the initial antecedent phrase’” (quot-
ing Baldwin Graphic Sys., Inc. v. Siebert, Inc., 512 F.3d
1338, 1343 (Fed. Cir. 2008))). The antecedent basis for
“said supercontinuum white light pulse” is a “supercontin-
uum white light pulse comprising an entire spectrum of
white light.” See ’169 patent claims 1, 10, 19 (emphasis
added).
1 Michigan also asks us to review the district court’s
claim construction of terms unrelated to the noninfringe-
ment decision on appeal. See Appellant’s Br. 4, 56, 65. We
decline to review “claim construction issues not implicated
by the judgment.” Mass. Inst. of Tech. v. Abacus Software,
462 F.3d 1344, 1347 (Fed. Cir. 2006).
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REGENTS OF THE UNIVERSITY OF MICHIGAN v.
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The claims also distinguish between the “entire” super-
continuum and a “portion of said supercontinuum white
light pulse,” indicating that Michigan knew how to draft a
limitation covering portions of the light spectrum and
chose not to do so for the limitations relevant to this appeal.
See ’169 patent claim 1 (“a time-resolving detector receiv-
ing said fluorescence and at least a portion of said super-
continuum white light pulse, said time-resolving detector
separating said fluorescence from said portion of said su-
percontinuum white light pulse”); see also id. claims 10, 19.
This distinction supports the district court’s conclusion
that “said supercontinuum white light pulse” must include
the “entire spectrum” of white light. Further, the specifi-
cation provides additional support for the district court’s
claim construction. It indicates that the “entire spectrum”
reaches the sample and rejects the use of filters. See ’169
patent col. 4 ll. 8–9, 44–45, col. 3 ll. 29–32, col. 6 ll. 24–29.
Finally, we agree with the district court’s assessment
of the prosecution history. In an amendment aimed at
overcoming a prior-art rejection, Michigan stated:
Itoh et al. teaches selecting several discrete wave-
lengths from a white light continuous spectrum
and using those discrete wavelengths, not the en-
tire spectrum, to excite only those fluorophores
that have excitation spectra matched with the se-
lected discrete wavelengths. In contrast, the pre-
sent invention uses and claims the entire spectrum
of the white light to simultaneously excite all the
fluorophores that have excitation spectra covered
by the entire white light spectrum.
J.A. 1850. Michigan repeatedly made statements distin-
guishing its invention from the prior art’s teaching of “dis-
crete,” “selected” wavelengths. See J.A. 1850–53. Thus,
Michigan’s own representations during prosecution sup-
port the district court’s claim construction.
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REGENTS OF THE UNIVERSITY OF MICHIGAN v.
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Michigan’s challenge to the district court’s summary
judgment of noninfringement rests entirely on its chal-
lenge to the court’s claim construction. Because we adopt
that construction, we also affirm the summary judgment.
CONCLUSION
We have considered Michigan’s remaining arguments
and find them unpersuasive. For the foregoing reasons, we
affirm.
AFFIRMED
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