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Smith & Nephew, Inc. v. Arthrex, Inc. (patent found infringed; Plaintiff awarded $88 million; Defendant permanently enjoined)

Defendant: Arthrex, Inc.

Court: D. Or.

Date: Sep 17, 2013

Docket: 3-04-cv-00029

Judge: Michael W. Mosman

September 12, 2013 – the court entered judgment that U.S. Patent No. 5,601,557, titled “Anchoring and Manipulating Tissue,”  was infringed by Arthrex.  The court awarded Plaintiffs (Smith & Nephew, Inc. and John O. Hayhurst M.D.) $67,793,868.00 in lost profits damages, $16,987,556.00 in reasonable royalty damages, and $3,533,450 in prejudgment interest.  The court further issued a permanent injunction against Arthrex.

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