At trial, the jury heard argument that plaintiff specifically drafted three claims of the patent-in-suit to cover defendant's artificial lumbar disc devices. At plaintiff’s request, the court instructed the jury that "there is nothing improper in filing a patent application for the purpose of obtaining a right to exclude a known competitor's product from the market." Nevertheless, the jury found (i) that plaintiff failed to prove that the accused devices "include all requirements of each [asserted] claim of the [patent-in-suit]," and (ii) that defendants proved "by clear and convincing evidence that the specification of the [patent-in-suit] does not contain an adequate written description supporting [the independent claim on which the other two asserted claims depend]."
Synthes (USA) v. Spinal Kinetics Inc., 5-09-cv-01201 (CAND December 13, 2011)
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