Smith & Nephew, Inc. v. Arthrex, Inc., No. 12-1265 (Fed. Cir. Jan. 16, 2013)

From the Opinion

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Smith & Nephew, Inc. (“Smith”) appeals from the f i- nal judgment of the United States District Court for the District of Oregon which granted judgment as a matter of law that Arthrex, Inc. (“Arthrex”) does not infringe claim 1 of U.S. Patent 5,601,557 (the “’557 patent”) . Smith & Nephew, Inc. et al. v. Arthrex, Inc. , No. 3:04-cv-00029-MO (D. Minn. Dec. 16, 2011) (Dkt. No. 1034) . Because the court erred in granting judgment of noninfringement as a matter of law, we reverse and remand. B ACKGROUND Smith is a licensee of the ’ 557 patent, owned by Dr.