Arthrocare v. Smith & Nephew
This article was originally published in The Gray Sheet
Executive Summary
Patent infringement suit filed July 25 in Delaware state court alleges S&N's Dyonics Control RF bipolar arthroscopic radiofrequency surgical system infringes at least four Arthrocare patents related to the firm's Coblation surgical arthroscopy technology. The suit seeks an injunction against sales as well as treble damages. The Dyonics device was launched July 16
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Smith & Nephew will "vigorously pursue" an appeal of a May 12 jury decision in Wilmington, Del. district court declaring infringement of three ArthroCare Coblation patents. Faced with market removal or licensure of its Dyonics Control RF, Saphyre and ElectroBlade arthroscopy devices, S&N contends it has "strong grounds" for appeal. ArthroCare forecasts a damages trial will be held within the next three months. Filed in July 2001, the suit asserted 16 infringement claims within the ArthroCare patents (1"The Gray Sheet" July 30, 2001, In Brief). The Delaware jury found S&N directly infringed, induced and contributed to infringement on all 16 claims. Barring settlement, ArthroCare says it will request an injunction against the S&N products...
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