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Fed. Circ. Mulls Smith & Nephew $5.2M Patent Win

Law360 (April 5, 2011, 4:34 PM EDT) -- Smith & Nephew Inc. appeared Tuesday before the Federal Circuit to defend the $5.2 million damages award and permanent injunction it received from a Texas court against Arthrex Inc., which allegedly infringed its patent for a knee surgery device.

Arthrex, however, tried to convince the three-judge panel of the U.S. Court of Appeals for the Federal Circuit that the doctrines of prosecution history estoppel and vitiation interfered with some of the claim elements Smith & Nephew asserted, and that there was a problem with the plaintiff's...
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