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ACROMED CORP. v. SOFAMOR DANEK GROUP, INC.

No. 00-1163.

253 F.3d 1371 (2001)

ACROMED CORPORATION, Plaintiff-Appellee, v. SOFAMOR DANEK GROUP, INC. and Danek Medical, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 11, 2001.

Attorney(s) appearing for the Case

Robert C. Kahrl, Jones, Day, Reavis & Pogue, of Cleveland, Ohio, argued for plaintiff-appellee. With him on the brief were Calvin P. Griffith, Richard H. Sayler, Michael L. Snyder, Patrick J. Norton, and Deborah L. Hamilton.

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendants-appellants. With him on the brief were Thomas H. Jenkins, of Washington, DC, and Barry D. Biddle, of Atlanta, Georgia.

Before MICHEL, RADER, and LINN, Circuit Judges.

RADER, Circuit Judge.

At the close of evidence, the United States District Court for the Northern District of Ohio granted judgment as a matter of law (JMOL) that AcroMed Corporation's (AcroMed's) U.S. Patent No. 4,696,290 ('290 patent) is not invalid for improper inventorship. The jury's verdict found that Sofamor Danek Group, Inc., and Danek Medical, Inc., (collectively Danek) literally infringed the claims of the '290 patent and AcroMed's U.S. Patent No. 4,854...

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