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United States Federal Circuit


Warsaw Orthopedic, Inc. v. NuVasive, Inc. , 2013-1576

In an infringement action on vacatur and remand from the U.S. Supreme Court for further consideration in light of Commil USA, LLC v. Cisco Systems, Inc., 135 S.Ct. 1920 (2015), the District Court's finding of direct and induced infringement of a patent, directed to a method for detecting the presence of and measuring distance to a nerve during surgery, is reaffirmed where there was substantial evidence that Medtronic's infringement position was objectively unreasonable and that the jury, based on this evidence, could reasonably have concluded that it had knowledge (or was willfully blind to the fact) that it was infringing.

Appellate Information

  • Published 2016/06/03

Judges

  • DYK

Court

  • United States Federal Circuit

Counsel

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