Fed. Circ. Tosses $5M Award Over Knee Surgery Patent

Law360, Washington (June 20, 2011, 5:47 PM EDT) -- The Federal Circuit on Monday reversed a $5.2 million decision in favor of Smith & Nephew Inc. in its patent infringement suit against Arthrex Inc. over a knee surgery device, ruling that the plaintiff presented insufficient evidence to warrant the victory.

“S&N’s theory of infringement is inconsistent with the plain language” of the patent claim at issue, a three-judge panel said.

In February 2010, a jury awarded Smith & Nephew $4.7 million in damages after finding that Arthrex’s RetroButton, used to hold tissue in place for...
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