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Smith & Nephew Incorporated et al v. Arthrex, Incorporated

Response in Opposition to Motion PLAINTIFFS' MOTION FOR ENHANCED DAMAGES UNDER 35 U.S.C. 284 983 .

19 Cited authorities

  1. In re Seagate Technology

    497 F.3d 1360 (Fed. Cir. 2007)   Cited 802 times   86 Legal Analyses
    Holding that an "advice of counsel" defense to willful infringement does not waive the attorney-client privilege as to trial counsel partly because post-filing conduct is usually not relevant to a finding of willful infringement

  2. Uniloc USA, Inc. v. Microsoft Corp.

    632 F.3d 1292 (Fed. Cir. 2011)   Cited 425 times   22 Legal Analyses
    Holding that evidence relying on "25 percent rule of thumb," which was a tool used to approximate the reasonable royalty rate the manufacturer of patented product would be willing to offer to pay to the patentee during a hypothetical negotiation, was inadmissible under Daubert since it failed to tie a reasonably royalty base to facts of case at issue

  3. Read Corp. v. Portec, Inc.

    970 F.2d 816 (Fed. Cir. 1992)   Cited 535 times   15 Legal Analyses
    Holding that reliance on an attorney's oral opinion, even though it was in error, is evidence of good faith

  4. Odetics, Inc. v. Storage Technology Corp.

    185 F.3d 1259 (Fed. Cir. 1999)   Cited 315 times
    Holding that a dispute about the district court's limitation of the time period during which the jury could find willful infringement was moot in view of the court's determination that the district court did not abuse its discretion in declining to award enhanced damages

  5. Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp.

    383 F.3d 1337 (Fed. Cir. 2004)   Cited 177 times   8 Legal Analyses
    Holding that "[t]he answer is `no'" to the question of whether "the existence of a substantial defense to infringement [is] sufficient to defeat liability for willful infringement even if no legal advice has been secured"

  6. Norian Corp. v. Stryker Corp.

    363 F.3d 1321 (Fed. Cir. 2004)   Cited 99 times   5 Legal Analyses
    Holding that “while ‘consisting of’ limits the claimed invention, it does not limit aspects unrelated to the invention”

  7. Stickle v. Heublein, Inc.

    716 F.2d 1550 (Fed. Cir. 1983)   Cited 159 times
    Holding that “an award of attorney fees for the breach of warranty claim is not authorized under § 285”

  8. MercExchange, L.L.C. v. eBay, Inc.

    401 F.3d 1323 (Fed. Cir. 2005)   Cited 67 times   2 Legal Analyses
    Describing the lower standard for preliminary injunctions in patent cases as a general rule

  9. Ajinomoto Co. v. Archer-Daniels-Midland

    228 F.3d 1338 (Fed. Cir. 2000)   Cited 59 times   2 Legal Analyses
    Finding no best mode violation when one of skill in the art would know that the identified preferred host strain contained another genetic alteration

  10. State Industries, Inc. v. Mor-Flo Industries

    948 F.2d 1573 (Fed. Cir. 1991)   Cited 58 times
    Finding that a district court's findings could not constitute law of the case where the court's decision was vacated and the court was instructed to reconsider

  11. Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

    Fed. R. Civ. P. 50   Cited 13,858 times   63 Legal Analyses
    Allowing "renewed motion"

  12. Section 284 - Damages

    35 U.S.C. § 284   Cited 2,118 times   198 Legal Analyses
    Granting "interest and costs as fixed by the court"

  13. Section 298 - Advice of counsel

    35 U.S.C. § 298   Cited 43 times   20 Legal Analyses

    The failure of an infringer to obtain the advice of counsel with respect to any allegedly infringed patent, or the failure of the infringer to present such advice to the court or jury, may not be used to prove that the accused infringer willfully infringed the patent or that the infringer intended to induce infringement of the patent. 35 U.S.C. § 298 Added Pub. L. 112-29, §17(a), Sept. 16, 2011, 125 Stat. 329. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Pub. L. 112-274, §1(a), Jan. 14