United States Federal Circuit

Judgment of willful patent infringement involving surgical devices for plaintiff and award of damages, attorney fees, and interest is affirmed where there was no error in a refusal to apply collateral estoppel to a reasonable royalty rate, substantial evidence supported the verdict, and admitting evidence regarding a prior litigation was not an abuse of discretion.

Appellate Information

• Decided 01/24/2006
• Published 01/24/2006

Judges

• LOURIE, Circuit Judge., Before LOURIE, RADER, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Joseph R. Re, Knobbe, Martens, Olson & Bear, LLP, of Irvine, California, argued for plaintiff-appellee.   With him on the brief were Karen Vogel Weil, Joseph F. Jennings, Joseph S. Cianfrani, and Christy Green Lea. Of counsel was Brian C. Horne, of Los Angeles, California., Glen E. Summers, Bartlit Beck Herman Palenchar & Scott LLP, of Denver, Colorado, argued for defendant-appellant.   Of counsel on the brief was Donald L. Morrow, Paul Hastings Janofsky & Walker LLP, of Costa Mesa, California.   Of counsel was Fred H. Bartlit, Jr., Bartlit Beck Herman Palenchar & Scott LLP, of Denver, Colorado.