Smith & Nephew's $85M Patent Win Revived By Fed. Circ.

Law360, New York (January 16, 2013, 5:21 PM EST) -- The Federal Circuit on Wednesday reinstated an $85 million jury verdict against Arthrex Inc. over its infringement of a Smith & Nephew Inc. patent covering the use of suture anchors during reconstructive surgery.

In a 2-1 decision, the appeals court said an Oregon district judge had erred in granting an Arthrex motion that overturned the jury's findings during a June 2011 trial. The jury's findings were supported by “substantial evidence” presented at trial, the Federal Circuit said.

The lawsuit, filed by Smith & Nephew in 2004,...
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