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Acumed LLC v. Stryker Corp. (Fed. Cir. 2008)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan --There are the inklings of a stratagem taking shape in certain of the Federal Circuit's decisions since the spate of Supreme Court rejections of large portions of its jurisprudence. That stratagem involves refusing to overturn district court decisions based on applying an abuse of discretion standard, as evidenced in the Federal Circuit's decision to affirm grant of a permanent injunction in Acumed LLC v. Stryker Corp.The case involved a patent to an orthopedic nail used to reconstruct and stabilize a broken humerus. The CAFC previously vacated a permanent injunction granted prior to the Supreme Court's decision...

Full post as published by Patent Docs on December 31, 2008 (boomark / email).