High Court Gives Stryker Second Shot At Enhanced Damages
This article was originally published in Clinica
A Supreme Court verdict handed down June 13 would give manufacturers a better chance at winning enhanced damages in patent suits.
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The US Supreme Court doesn’t need to take a second look at a 2016 ruling on when parties found responsible for patent infringement must pay trebled damages, medical device giant Stryker told the court in a recent filing. Previously, federal courts had ordered fellow device-maker Zimmer to pay almost $250m to Stryker for violating patents on a wound-debridement device.
The case had gone to the US Supreme Court due to a dispute over the standards for enhanced damages. Zimmer, which was ordered to pay almost $250m in costs and penalties, expects to appeal the verdict.
The Federal Circuit Court of Appeals sent the question of whether damages should be tripled back to the district court, but agreed Zimmer had willfully infringed the patents. The case was previously appealed to the Supreme Court, which said the previous appeals-court standard for enhanced damages was too strict.