No. 18-1549
Zimmer, Inc., et al. v. Stryker Corporation, et al.
Tags: enhanced-damages federal-circuit halo-v-pulse objective-recklessness patent-damages patent-law seagate-test subjective-intent willful-infringement willfulness
Latest Conference:
2019-10-01
Question Presented (from Petition)
1. Whether enhanced patent damages can be awarded without regard to whether there was an objectively high risk of infringement based on a finding of negligence, as opposed to a finding of intentional or knowing infringement.
2. Whether the Federal Circuit erred in affirming the enhanced damages award here in a summary order without providing any guidance to lower courts regarding the proper application of Halo.
Question Presented (AI Summary)
Whether enhanced patent damages can be awarded without regard to whether there was an objectively high risk of infringement based on a finding of negligence, as opposed to a finding of intentional or knowing infringement
Docket Entries
2019-10-07
Petition DENIED.
2019-08-07
DISTRIBUTED for Conference of 10/1/2019.
2019-08-06
Reply of petitioners Zimmer, Inc. and Zimmer Surgical, Inc. filed.
2019-07-18
Brief of respondents Stryker Corp., Stryker Puerto Rico, Ltd., and Stryker Sales Corp. in opposition filed.
2019-06-17
Petition for a writ of certiorari filed. (Response due July 18, 2019)
Attorneys
Stryker Corp., Stryker Puerto Rico, Ltd., and Stryker Sales Corp.
Sharon Ann Hwang — McAndrews, Held & Malloy, Ltd., Respondent
Zimmer, Inc. and Zimmer Surgical, Inc.
Seth P. Waxman — Wilmer Cutler Pickering Hale and Dorr LLP, Petitioner