Applied Medical Resources Corp. v. United States Surgical Corp.

ORDER DENYING DEPENDANT’S MOTION FOR JUDGMENT AS A MATTER OF LAW OF NO WILLFUL INFRINGEMENT PER OCTOBER 1, 2004 MINUTE ORDER

This action came for trial before the Court and a jury, with Honorable Cormac J. Carney presiding. Following the presentation of evidence, the jury was instructed and, on July 28, 2004, the jury rendered its verdict on willfulness and damages. After a hearing on Defendant’s Motion for Judgment as a Matter of Law of No Willful Infringement, including the opposition by Plaintiff and oral argument thereon by both parties, and for good cause shown, this Court denied Defendant’s Motion by Minute Order dated October 1, 2004. The present Order sets forth in detail the reasons for the Court’s denial of the Motion.

I. BACKGROUND

Plaintiff Applied Medical Resources Corporation (“Applied”) is the owner by assignment of U.S. Patent No. 5,385,553, entitled “TROCAR WITH FLOATING SEPTUM SEAL” (“the ’553 patent”). A trocar is a medical device used in laparo-scopic surgery to provide a passageway through which surgical instruments may be introduced and manipulated within the abdominal cavity. To create a space in which to operate instruments, such as cameras, clip…