Norian Corp. v. Stryker Corp.

ORDER DENYING MOTION FOR NEW TRIAL AND GRANTING IN PART AND DENYING IN PART MOTION FOR JUDGMENT

INTRODUCTION

As this order on post-trial motions will be the last ruling by the district court before appeal, the following procedural summary may assist the court of appeals. Although some relief is required under FRCP 50, the ultimate outcome is not changed. Judgment for defendant is still required.

PROCEDURAL HISTORY

On January 3, 2001, plaintiff Norian Corporation commenced this action against defendant Stryker Corporation, alleging that its BoneSource product infringes United States Patent Nos. 5,336,264 and 6,002,065. The ’264 patent is entitled “Situ Prepared Calcium Phosphate Composition and Method.” It is directed to methods for preparing calcium-phosphate compositions that form hydroxyapatite, a fundamental building block of human bone. The ’065 patent is entitled “Kits for Preparing Calcium Phosphate Materials.” It is directed to kits for preparing calcium-phosphate compositions. Both concern compositions for medical applications, ie., to repair bones. One alleged point of novelty was the use of a sodium-phosphate solution to achieve short setting times for the…