Intent to infringe – Verdict goes against medical device maker

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Abstract: When the Supreme Court agreed that a Federal Circuit infringement ruling should be reconsidered, it probably seemed like good news to the medical device maker that had been found liable. However, the new ruling that followed went against the company. As this article describes, the appeals court found the company’s defense position “objectively unreasonable.” Warsaw Orthopedic, Inc. v. NuVasive, Inc., No. 2013-1576, -1577, June 3, 2016 (Fed. Cir.) Commil USA, LLC v. Cisco Sys., Inc., No. 13-896, 2015 (U.S.)