Justia Federal District Court Opinions

Intermedics Orthopedics, Inc. ("Intermedics") and Marli Medical Supplies, Inc. ("Marli") ("appellants") appeal from the judgment of the United States District Court for the Eastern District of New York in Stryker Corp. v. Intermedics Orthopedics, Inc., 891 F.Supp. 751 (E.D.N.Y.1995). Stryker Corporation ("Stryker") and Osteonics Corporation ("Osteonics") ("appellees") sued Intermedics and Marli for infringement of claims 8, 10, and 12 of United States Patent No. 4,888,023 ("the '023 patent"), assigned to Osteonics, a subsidiary of Stryker. 891 F.Supp. at 762. Following a bench trial, the district court held that (1) the '023 patent was not invalid; (2) appellants had infringed the '023 patent, both literally and under the doctrine of equivalents; (3) the infringement was willful; (4) appellees were entitled to double lost profits damages and attorneys fees; and (5) appellees were entitled to injunctive relief. In total, appellees were awarded over $72 million in damages, attorneys fees, and interest through August 31, 1995. Stryker Corp. v. Intermedics Orthopedics, Inc., No. CV-90-3006 (ADS) (E.D.N.Y. October 3, 1995) (amended judgment order). Intermedics and Marli appeal only the finding of willful infringement and the award of damages. We affirm.

BACKGROUND

The '023 patent covers an invention related to an implant, or prosthesis, that replaces part of the natural hip joint in total hip replacement. The hip joint is composed of two bones, the hip bone and the thigh bone. The thigh bone is more scientifically known as the femur. The hip joint is a ball and socket joint, with the ball at the top end of the femur and the socket in the hip bone. The ball of the femur is also known as the head of the femur. The socket of the hip bone is called the acetabulum. Thus, the acetabulum is "the cup-shaped socket in the hipbone that receives the head of the thigh bone." Webster's Third New International Dictionary 14 (1986). The two major components of an artificial hip prosthesis are the new acetabulum, the acetabular prosthesis, and the new femoral head, the femoral prosthesis.

The '023 patent is directed to the femoral prosthesis of a total hip replacement prosthesis, i.e. the component that is inserted into the femur. The femoral prosthesis is comprised of a ball, a stem, and an intervening affixation wedge. The femoral ball or head fits into the patient's pelvis or into a cup element attached to the patient's pelvis. The wedge is designed to seat in the upper end of the patient's femur. The stem extends downwardly from the wedge and is designed for insertion into the medullary canal of the femur. The '023 patent is concerned solely with the femoral element, and in particular, with the stem portion thereof.

Illustratively, Fig. 1 of the '023 patent, reproduced below, shows a femoral prosthesis 20 with a stem 22 inserted in the femur 10. It has a femoral head 28 for engagement with the patient's pelvis. The wedge with affixation surface 38 is seated in cavity 36 of the femur. The stem 22 is inserted in passage 32.

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