Smith & Nephew Patent Award Too Ambiguous, Judge Rules

Law360, New York (June 27, 2013, 6:58 PM EDT) -- A Massachusetts federal judge Thursday affirmed a jury verdict that found medical device maker Hologic Inc. had infringed two surgical patents held by rival Smith & Nephew Inc., but ordered new proceedings on damages after calling the jury's suggestion “hopelessly ambiguous.”

U.S. District Judge Rya W. Zobel rejected Hologic's motions seeking to overturn the September verdict, as well as its claims of inequitable conduct against the inventors of Smith & Nephew's patents, which cover a device used to remove fibroids without cutting into the uterus....
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