Court Denies Partial Summary Judgment Seeking to Limit Damages

December 1, 2016 – The Court denied Defendant Smith & Nephew’s motion for partial summary judgment seeking to limit Plaintiff Arthrex’s damages claim because an earlier “standstill” agreement between the parties raised a genuine issue of fact regarding notice under 35 U.S.C. § 287.

The patents-at-issue are U.S. Patent Nos. 8,343,186 and 8,623,052, which relate to suture anchors.  The case is captioned Arthrex, Inc. v. Smith & Nephew, Inc., et al., 15-cv-01047, in the Eastern District of Texas.

By:  Christopher J. Stankus

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