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The court affirmed the district court’s claim constructions and affirmed the district court’s denial of Zimmer’s JMOL motions on the issues of non-infringement and invalidity, holding that sufficient evidence supported the jury’s findings.  In so doing, the court held that Zimmer’s arguments, although not ultimately victorious, were nonetheless not unreasonable.  As a result, the court reversed the district court’s holding that Zimmer’s infringement was done willfully.  The district court erred by failing to undertake an objective assessment of Zimmer’s defenses.  The court further reversed the district court’s exceptional case holding, but remanded for further findings on that issue, because allegations of litigation misconduct existed.

Stryker Corp. v. Zimmer, Inc., Case No. 2013-1668 (December 19, 2014); Opinion by: Prost, joined by Newman and Hughes; Appealed From: Western District of Michigan, Jonker, J.  To read the full opinion, click here.

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