United States Federal Circuit

In this patent infringement action involving defendant's alleged infringement of plaintiff's '973 and '933 patents, which concern oversized spinal implants and methods and devices for retracting tissue for minimally invasive spinal surgery, respectively, defendant counterclaimed for infringement of its '236 patent, which relates to neuromonitoring during surgery. At trial, the jury found that the asserted claims of the '973 were not invalid, that the asserted claims of the '933 patent were infringed under the doctrine of equivalents, and that the asserted claims of the '236 patent were infringed, and the jury awarded damages for each. The district court denied plaintiff's requests for supplemental damages and a permanent injunction for infringement of their patents, and set ongoing royalty rates. The judgment of the district court is affirmed with respect to invalidity and infringement of the patents-at-issue, and vacated and remained for a new trial on damages, where the ongoing royalty impermissibly includes a lost profits component.

Appellate Information

• Decided 03/02/2015
• Published 03/02/2015

Judges

• Dyk

Court

• United States Federal Circuit

Counsel