IP News

Obama Administration Vetoes ITC Ban

On Aug. 3, 2013, the Executive Office of the President disapproved of the U.S. International Trade Commission's Determination in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers, Investigation No. 337-TA-794. On June 4, the ITC determined that Apple had violated Section 337 of the Tariff Act of 1930 by importing smartphones and tablet computers that infringe a U.S. Patent owned by Samsung. During the 60-day period for Presidential review, the Administration stated that, because Samsung had committed to license the patent under FRAND terms to a standard setting organization, the exclusion order and cease and desist order would not be approved.

Medical Devices Case Yields Treble Damages in Michigan

On Aug. 7, 2013, a Michigan Federal Judge awarded Stryker Corp. $210 million in treble damages, holding that defendant Zimmer Inc. willfully infringed Stryker's patents for surgical irrigation. Judge Robert J. Jonker held in Stryker Corp. v. Zimmer Inc., No. 10-cv-1223 (W.D. Mich.) that Stryker was entitled to treble damages because “Zimmer lost every argument it advanced at claim construction, then lost most of the disputed claims on summary judgment. It lost all of its remaining claims at trial.” Slip Op. at 3. Particularly, he noted that “trial proofs demonstrated that this was not a close case.” Id. Judge Jonker granted each of Stryker's five post-verdict motions, holding that Stryker is entitled to a permanent injunction, supplemental damages that have been accruing since the jury verdict, attorneys' fees because the case is “exceptional” under '285, prejudgment interest, and enhanced damages for willful infringement.

Jeffrey S. Ginsberg is a partner and Joseph Mercadante is an associate in the New York office of Kenyon & Kenyon LLP.