Arthrex Petitions for Certiorari Regarding Knowledge of Infringement in Longstanding Dispute with Smith & Nephew

November 10, 2015 –On October 30, Arthrex requested Supreme Court review of the Federal Circuit’s affirmance of a $7 million award of supplemental damages for indirect infringement for the period of time between the District Court’s judgment of non-infringement and the Federal Circuit’s reversal of that holding.  Arthrex contended that it “It defies all logic to contend that, despite a court having found no infringement as a matter of law, Athrex nevertheless ‘knew’ that it really was infringing [as required to indirectly infringe].”  The appealed-from ruling of the Federal Circuit states that Arthrex based its argument of non-infringement “entirely on the contention that a good-faith belief in non-infringement negates the required knowledge” for induced infringement, and found that Arthrex had not requested further findings of fact on appeal as to its good-faith belief.

The patent-in-suit is U.S. Patent Number 5,601,557, entitled “Anchoring and Manipulating Tissue.  The case is captioned Arthrex Inc. v. Smith & Nephew Inc., case number 15-559, in the U.S. Supreme Court.

By: Sean C. McDonagh