FDAnews Device Daily Bulletin

Appeals Court Rejects Treble Damage Award in Stryker Lawsuit

Sept. 20, 2016

A federal appeals court struck down a treble damage award to Stryker in its lawsuit against Zimmer Biomet for infringement of three patents associated with its pulsed lavage devices.

The U.S. Court of Appeals for the Federal Circuit affirmed a jury’s findings on patent infringement, but it reversed the jury’s “exceptional” finding and vacated the treble damage award and attorney’s fees.

The appeals court was reconsidering the case after it was vacated and remanded in June by the U.S. Supreme Court, which rejected the Federal Circuit’s review framework for damage awards. — Tamra Sami

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