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Court Rules in Arthrocare, Smith & Nephew Infringement Lawsuit

May 11, 2005

ArthroCare has announced that a U.S. Court of Appeals for the Federal Circuit affirmed in part a jury verdict in the company's patent infringement lawsuit against Smith & Nephew.

The court rejected Smith & Nephew's challenges against two ArthroCare patents, thereby affirming the jury's verdict that all of the asserted claims of those two patents are valid and were infringed by Smith & Nephew. The court also rejected the asserted claims of one ArthroCare patent, stating that "because the jury's determination that the patent was not invalid is not supported by substantial evidence, we reverse the district court's denial of Smith & Nephew's motion for judgment as a matter of law on that issue."

The appeals court also lifted the injunction that prohibited Smith & Nephew from manufacturing or selling bipolar radio frequency products in the U.S.