Appellate Court Upholds $64.5 Million Judgment against Tyco for Willful Patent Infringement According to Knobbe, Martens, Olson & Bear.IRVINE, Calif. -- Knobbe, Martens marten, name for carnivorous, largely arboreal mammals (genus Martes) of the weasel family, widely distributed in North America, Europe, and central Asia. Martens are larger, heavier-bodied animals than weasels, with thick fur and bushy tails. Members of most species are brown above and light-colored below. The American marten, Martes americana, also called American pine marten and American, or Hudson Bay, sable, is from 20 to 25 in., Olson & Bear announced today that the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., upheld a $64.5 million judgment that Tyco Unit U.S. Surgical Corp. had willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful) infringed a patent owned by the firm's client, Applied Medical Resources Corp. The patent is on a medical device known as a trocar trocar /tro·car/ (tro´kahr) a sharp-pointed instrument equipped with a cannula, used to puncture the wall of a body cavity and withdraw fluid. tro·car (tr  , used by surgeons to perform laparoscopic surgery laparoscopic surgery: see endoscope.. In addition to affirming the Orange County jury's $43.5 million damages award, the appellate court held that the record supported the jury's willfulness finding, which allowed the trial court to award increased damages and attorney fees to reach the $64.5 million total. The Knobbe lawyers who handled both the jury trial jury trial n. a trial of a lawsuit or criminal prosecution in which the case is presented to a jury and the factual questions and the final judgment are determined by a jury. This is distinguished from a "court trial" in which the judge decides factual as well as legal questions, and makes the final judgment. and the appeal included litigation partners Joseph R. Re, Karen Weil, Joseph F. Jennings, and Joseph S. Cianfrani. With 179 lawyers throughout California, Knobbe, Martens, Olson & Bear LLP represents clients in all areas of intellectual property law and litigation. Clients include public and private companies at various stages of growth, from startup to the Fortune 500. Founded in 1962, the firm is one of the largest intellectual property law firms in the United States. |
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