Smith & Nephew's $85 Million Award Let Stand by Top CourtGreg Stohr
The U.S. Supreme Court left intact an $85 million patent-infringement verdict won by Smith & Nephew Plc in a fight with Arthrex Inc. over anchoring devices used in shoulder surgery.
The justices, without comment, refused today to hear an appeal by Arthrex, a company based in Naples, Florida. The dispute involved devices that are anchored to a bone to repair tears in the rotator cuff or labrum.
London-based Smith & Nephew sued Arthrex in 2004 and won a jury verdict in 2011, only to have a trial judge set the award aside. A federal appeals court then reinstated the verdict, setting up Arthrex’s Supreme Court appeal.
The case is Arthrex v. Smith & Nephew, 13-290.