United States Federal Circuit

In an action for infringement of a patent directed to a collapsible stent that carries a valve for insertion into the heart by balloon catheter, judgment of the district court is: 1) affirmed as to its ruling on the validity of the patent where substantial evidence supported the jury verdict that invalidity on the ground of non-enablement had not been proved by clear and convincing evidence; 2) affirmed as to its judgment of infringement where there was substantial evidence to support the jury verdict that the Generation 3 device infringes claim 1 of the '552 patent; 3) affirmed as to its ruling sustaining the jury's damages award, and in the court's decision not to enhance damages; but 4) remanded for reconsideration, in view of changed circumstances, of the court's rulings on the permanent injunction and the protective order.

Appellate Information

• Decided 11/13/2012
• Published 11/13/2012

Judges

• Newman

Court

• United States Federal Circuit

Counsel