From our private database of 30,900+ case briefs...
DSU Medical Corporation v. JMS Company, Ltd.
United States Court of Appeals for the Federal Circuit
471 F.3d 1293 (2006)
DSU Medical Corporation and Medisystems Corporation (collectively “DSU”) (plaintiff) held the ‘311 and ‘072 patents which claimed a guarded, winged-needle assembly that reduced the incident of needle-stick injuries. ITL Corporation Pty, Limited, (“ITL”) (defendant) manufactured a clamshell-configured needle guard called the Platypus without a needle. JMS Company, Ltd. and JMS North America, (collectively “JMS”) (defendant) began purchasing the Platypus guards and entered into a distribution agreement with ITL to distribute the guards with included needle sets worldwide. DSU brought suit against JMS and ITL for infringement, inducement to infringe, and contributory infringement in the U.S. District Court for the Northern District of California. DSU alleged that the Platypus infringed the ‘311 patent and that JMS and ITL induced each other to infringe. Claim 1 of the ‘311 patent disclosed “[a] guard slidably enclosing a sliding assembly comprising a needle and a winged needle hub…” The district court concluded that the claim required the inclusion of a needle at all times. Because the Platypus was a stand-alone guard, without a needle, it granted summary judgment to JSM and ITL on a number of issues. Also, because the Platypus’ closed-shell configuration contained a “slot” to hold the needle, it did infringe claims 46-47, 49, and 52-53 of the ‘311 patent when closed over a needle set. The jury found that JMS directly and contributorily infringed and assessed over $5 million in damages. The jury also found that ITL did not infringe nor engaged in contributory infringement or inducement to infringe. JMS appealed.
Rule of Law
Holding and Reasoning (Rader, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 552,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 552,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.