May 26, 2015 – United States District Judge Michael W. Mosman issued an Opinion and Order on May 19, 2015, denying Defendant Arthrex, Inc.’s Motion for Indicative Ruling as moot and denying its Motion to Reopen the Judgment in the decade-long patent dispute between Smith & Nephew, Inc. and Arthrex, Inc. (Civil Action No. 3:04-cv-00029-MO (D. Ore.)). Arthrex brought the Motion to Reopen the Judgment based on the Federal Circuit’s recent claim construction decision in Teva Pharms. USA, Inc. v. Sandoz, Inc., arguing that the Federal Circuit changed the standard of review for claim construction decisions. Judge Mosman denied Arthrex’s motion, stating that the Federal Circuit based its claim construction decision entirely on intrinsic evidence alone and not on extrinsic evidence; thus, the same de novo standard of review applies. The patent at issue is U.S. Patent No. 5,601,557, entitled “Anchoring and Manipulating Tissue.” The technology at issue relates to medical clamps for manipulating cartilage or other tissue within a joint during arthroscopic surgery.
By: Frederick C. Millett