Stryker v. Zimmer

U.S. Court of Appeals for the Federal Circuit

Stryker v. Zimmer

Opinion

United States Court of Appeals for the Federal Circuit ______________________

STRYKER CORPORATION, STRYKER PUERTO RICO, LTD., STRYKER SALES CORPORATION, Plaintiffs-Appellees

v.

ZIMMER, INC., ZIMMER SURGICAL, INC., Defendants-Appellants

ZIMMER ORTHOPAEDIC SURGICAL PRODUCTS, Defendant ______________________

2013-1668 ______________________

Appeal from the United States District Court for the Western District of Michigan in No. 10-CV-1223, Judge Robert J. Jonker. ______________________

ON PETITION FOR PANEL REHEARING ______________________

Before PROST, Chief Judge, NEWMAN and HUGHES, Circuit Judges. PER CURIAM. ORDER A petition for rehearing en banc was filed by appellees Stryker Corporation, Stryker Sales Corporation and 2 STRYKER CORPORATION v. ZIMMER, INC.

Stryker Puerto Rico, Ltd. and a response thereto was invited by the court and filed by appellant Zimmer Surgi- cal, Inc. and Zimmer, Inc. This was followed by Stryker Corporation, Stryker Sales Corporation and Stryker Puerto Rico, Ltd.’s Motion for Leave to File a Reply in Support of its Petition for Rehearing. The motion was granted. The petition, response, and reply were referred to the panel that heard the appeal. IT IS ORDERED THAT: (1) Appellees’ petition is granted by the panel for the limited purpose of clarifying the discussion of the stand- ard of review of the objective reckless prong of willful infringement. (2) The previous opinion in this appeal issued Decem- ber 19, 2014 and reported at Stryker Corp. v. Zimmer, Inc., 774 F.3d 1349 (Fed. Cir. 2014) is withdrawn and replaced with the revised opinion accompanying this order. FOR THE COURT

March 23, 2015 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court

Reference

Status
Published