Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

Smith & Nephew, Inc. v. Arthrex, Inc., No. 2:07-cv-00335 (E.D. Tex. Feb. 5, 2010)

Granted in Part
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:07-cv-00335, Dkt. No. 146
Decided
February 5, 2010
Judge
T. John Ward, J.
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM OPINION and ORDER - granting in part, denying in part Arthrex's motions for summary judgment of non-infringement #96 and to exclude expert testimony #97
Length
20 pages

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.

Before the Court is Defendant Arthrex, Inc.’s motion for summ ary judgment of non- infringement (Dkt. No. 96) and Arthrex’s motion to exclude the expert testimony of Dr. Wayne Sebastianelli regarding in fringement (Dkt. No. 97). Oral argument was heard on these motions on January 29, 2010. For the reasons detailed belo w, the Court hereby GRANTS IN PART and DENIES IN PART Arthrex’s motions. I. BACKGROUND This is a patent infringement case. Plaintiff Smith & Neph ew, Inc. (“S&N”) filed this suit against defendant Arthrex, In c.