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Acumed LLC. v. Stryker Corp.

483 F.3d 800 (2007)

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Acumed LLC. v. Stryker Corp.

United States Court of Appeals for Federal Circuit

483 F.3d 800 (2007)

Facts

Acumed, LLC (Acumed) (defendant) held a patent for an orthopedic nail for treating humeral fractures, having a curved shank and at least three transverse holes to fasten bone fragments to the humeral cortex. The patent disclosure included two figures depicting the preferred embodiment from different sides, having holes going through the butt of the nail shaft perpendicularly. A description of Figure 2 described the transverse holes as perpendicular to the nail axis. The preferred embodiment’s description also described the curvature of the shank as such that would accommodate a broaching tool. Acumed asserted several claims of its patent against Stryker, Corp. (Stryker) (plaintiff) for selling alleged infringing nails. The district court held a hearing and construed the disputed terms “curved shank” as “a shank that has a bend or deviation from a straight line without sharp corners or sharp angles” and “transverse holes” as “holes across the butt portion of the nail.” Following a trial, a jury found willful literal infringement. The district court denied Stryker’s motion for judgment notwithstanding the verdict, awarded enhanced damages for willfulness, and enjoined Stryker from selling its nails in the United States. Stryker appealed.

Rule of Law

Issue

Holding and Reasoning (Gajarsa, J.)

Dissent (Moore, J.)

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