Case: Patents/Damages (Fed. Cir.)

The Federal Circuit affirmed the decision of the District of Delaware excluding Rex Medical L.P.'s damages expert’s testimony and methods relying on a specific license agreement, and reducing the jury’s damages award from $10 million to $1 nominal damages, in this action against Intuitive Surgical Inc., Intuitive Surgical Operations Inc., and Intuitive Surgical Holdings LLC for infringement of patents directed to systems for stapling tissue during surgery. The appeals court affirmed the district court’s grant of JMOL of no damages, its denial of a new damages trial, and its denial of JMOL with respect to infringement and invalidity.