Synthes USA, LLC v. Spinal Kinetics, Inc., No. 13-1047 (Fed. Cir. Oct. 29, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Synthes USA, LLC and DePuy Synthes Products, LLC (collectively, “Synthes”)1 appeal from a jury verdict fin d- ing 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. § 285. Both appeals are timely, and we have jurisdiction u nder 28 U.S.C. § 1295(a)(1).