United States Federal Circuit
STRYKER CO. v. DAVOL INC., 99-1202, -1555
In reaching a verdict of willful infringement, a jury may reasonably find that reliance on counsel's opinions was not reasonable, that the defendant did not in fact follow the advice of counsel, or that the defendant finalized designs for the accused devices before obtaining any opinion of counsel.
Appellate Information
- Decided 12/12/2000
- Published 12/12/2000
Judges
- MAYER, Chief Judge., Before MAYER, Chief Judge, NEWMAN and SCHALL, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Gregory J. Vogler, McAndrews, Held & Malloy, Ltd., of Chicago, IL, argued for plaintiff-cross appellant. With him on the brief was Timothy J. Malloy. Of counsel on the brief was Charles E. Ritter, Miller, Canfield, Paddock and Stone, P.L.C. Of counsel were Sharon A. Hwang and Scott P. McBride, McAndrews, Held & Malloy, Ltd.
- For Appellees:
- Peter C. McCabe III, Winston & Strawn, of Chicago, IL, argued for defendant-appellant. With him on the brief was Raymond C. Perkins. Of counsel on the brief was Michael J. Sweedler, Darby & Darby, P.C., of New York, NY. Of counsel was Peggy M. Balesteri, Winston & Strawn.