Federal Jury Awards Smith & Nephew $14.7M for Infringement in Patent Suit against Rival Arthrex

Holding:

A jury sitting in a district court in Oregon awarded a total of $14.7 million to Smith & Nephew, Inc. after finding that its rival medical device maker Arthrex, Inc. had infringed its ‘557 patent on a line of suture anchors. Specifically, the jury found that Arthrex indirectly infringed the patent by selling and marketing its own products named PEEK Suture Talk, PEEK PushLock anchors, and Bio PushLock anchors, and that such infringement was willful. The total award consisted of $4.79 million as lost profit damages, and $9.91 million as reasonable royalty damages.

Detailed Summary:

The complaint alleged that plaintiff John O. Hayhurst is the owner, and Smith & Nephew is his exclusive licensee of the ‘557 patent entitled “Anchoring and Manipulating Tissue.”  According to plaintiffs, defendant has infringed the ‘557 patent directly and/or contributorily and/or by inducing others to infringe it, and that such infringement was willful and wanton.  Plaintiffs further asserted that they “have been irreparably harmed to an extent not yet determined by defendant Arthrex’s infringement, and will continue to be irreparably harmed in the future unless defendant’s enjoined from its infringing activities by this Court.” Amended Complaint, paragraph 8, May 17, 2008.

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