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SYNTHES USA, LLC v. SPINAL KINETICS, INC.

Nos. 2013-1047, 2013-1059.

734 F.3d 1332 (2013)

SYNTHES USA, LLC (formerly known as Synthes (U.S.A.)) and DePuy Synthes Products, LLC, Plaintiffs-Appellants, v. SPINAL KINETICS, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

October 29, 2013.

Attorney(s) appearing for the Case

Jeffrey M. Olson , Sidley Austin, LLP, of Los Angeles, CA, argued for plaintiffs-appellants. With him on the brief was Matthew S. Jorgenson . Of counsel on the brief was Constantine L. Trela, Jr. , of Chicago, IL.

Robert W. Dickerson , Dickstein Shapiro, LLP, of Irvine, CA, argued for defendant-cross appellant. With him on the brief were Allan W. Jansen , Charles A. Kertell , Ehab M. Samuel and Mark A. Stirrat . Of counsel was James W. Geriak , Sheppard Mullin Richter & Hampton, LLP, of Costa Mesa, CA.

Before PROST, O'MALLEY, and TARANTO, Circuit Judges.

O'MALLEY, Circuit Judge.

Synthes USA, LLC and DePuy Synthes Products, LLC (collectively, "Synthes")1 appeal from a jury verdict finding that Spinal Kinetics, Inc. ("SK") did not infringe claims 29-31 ("asserted claims") of U.S. Patent No. 7,429,270 ("the '270 patent") and that the claims were invalid for lack of written description. SK cross-appeals contending that the district court erred in denying SK's motion for fees under 35 U.S.C...

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