Summary And Background Of Stryker Corporation

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Summary and Background Currently, Stryker Corporation is in a law suit centered on patent infringement with their competitor, Zimmer Corporation. The case which will be analyzed and explored is currently pending hearing by the Supreme Court. The current questions that the petitioners, Stryker, are asking of the Supreme Court are as follows: “1. Has the Federal Circuit improperly abrogated the plain meaning of 35 U.S.C. § 284 by forbidding any award of enhanced damages unless there is a finding of willfulness under a rigid, two-part test, when this Court recently rejected an analogous framework imposed on 35 U.S.C. § 285, the statute providing for attorneys’ fee awards in exceptional cases? 2. Does a district court have discretion under 35 U.S.C. § 284 to award enhanced damages where an infringer intentionally copied a direct competitor’s patented invention, knew the invention was covered by multiple patents, and made no attempt to avoid infringing the patents on that invention?” (SCOTUS Blog, 2015) Stryker is petitioning the Supreme Court to explore these questions, because prior to Supreme Court filing, there had been a series of lawsuits and appeals between the plaintiff, Stryker, and defendants, Zimmer. The preliminary suit was focused on infringement of pulse lavage medical devices. Stryker and Zimmer are the two main developers and manufacturers of this medical device noted in the suit. Medical pulse lavage systems are complicated devices which are used by a surgeon
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