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

ORDER DENYING PLAINTIFF’S MOTION FOR JUDGMENT AS A MATTER OF LAW OR NEW TRIAL

INTRODUCTION

This case involves a patent dispute between Plaintiff Applied Medical Resources Corporation (“Applied”) and Defendant United States Surgical Corporation (“U.S.Surgical”). Applied contends that U.S. Surgical infringed, and continues to infringe, Claim 18 of Applied’s '553 patent by making and selling its VERSAPORTtm PLUS trocars. After a trial that lasted approximately five weeks, the jury found for U.S. Surgical, concluding that there was no infringement. Applied now moves to set aside the jury’s verdict, or alternatively, for a new trial, on the grounds that the jury’s verdict was tainted because U.S. Surgical improperly relied upon the outer portions of the septum valve disclosed in the '553 patent, in violation of the Federal Circuit’s mandate in Applied Medical Resources Corporation v. United States Surgical Corporation, 448 F.3d 1324 (Fed.Cir.2006). The Court finds that it committed no error in permitting U.S. Surgical to present evidence regarding the outer portions of the septum valve. The outer portions are relevant to the “way” in which the “ring-levers-teeth” embodiment (“RLT”)…