Not a Lexis Advance subscriber? Try it out for free.

DSU Med. Corp. v. JMS Co.

United States Court of Appeals for the Federal Circuit

December 13, 2006, Decided

04-1620, 05-1048, 05-1052

Opinion

 [***1240]  [*1297]   RADER, Circuit Judge.

DSU Medical Corporation (DSU) and Medisystems Corporation (MDS) (collectively DSU) sued JMS Company, Limited (JMS) and JMS North America (collectively JMS) and ITL Corporation Pty, Limited (ITL) for patent infringement, inducement to infringe, and contributory infringement of United States Patent Nos. 5,112,311 ('311) and 5,266,072 ('072). After a six-week jury trial produced a unanimous verdict, the United States District Court for the Northern District of California entered a final judgment finding claims 46-47, and 50-52 of the '311 patent invalid as obvious. The trial court also entered a final judgment, pursuant to the unanimous verdict, of infringement against JMS and JMS North American on claims 49, 53, and 54 of the '311 patent, and of non-infringement for ITL. DSU Med. Corp. v. JMS Co., JMS N. Am. Corp., & ITL Corp. PTY, Nos. C-00-1826-DLJ, C-99-2690-DLJ, slip op. at 3-4 (N.D. Cal. May 7, 2004) (Judgment). The jury awarded total [**3]  damages of $ 5,055,211 for infringement against JMS and JMS North America, and the trial court entered a final judgment holding both jointly and severally liable for the award. Finding no reversible error, this court affirms.

The '311 and '072 patents claim a guarded, winged-needle assembly. The invention reduces the risk of accidental needle-stick injuries. Needle puncture wounds can transmit blood-borne diseases such as Hepatitis B and AIDS. The '311 and '072 patented inventions effectively guard standard winged-needle-sets to prevent needle-stick injuries.

The '311 patent claims a "slotted, locking guard for shielding a needle, and a winged needle assembly including a needle, a winged needle hub, and a slotted, locking guard." '311, col. 1, I. 8-11. This invention includes both "[a] slotted guard for locking a needle in a shielded position as the needle is removed from the patient", and "a guarded winged needle assembly . . . slidably mounted within the guard." Id., abstract. Figures 5-6 illustrate one embodiment of the patented invention:  [***1241]  

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

471 F.3d 1293 *; 2006 U.S. App. LEXIS 30511 **; 81 U.S.P.Q.2D (BNA) 1238 ***

DSU MEDICAL CORPORATION and MEDISYSTEMS CORPORATION, Plaintiffs-Appellants, v. JMS CO., LTD. and JMS NORTH AMERICA CORPORATION, Defendants-Cross Appellants, and ITL CORPORATION PTY, LTD., Defendant-Cross Appellant. ITL CORPORATION PTY, LTD., Plaintiff-Cross Appellant, v. DSU MEDICAL CORPORATION, Defendant-Appellant.

Prior History:  [**1]  Appealed from: United States District Court for the Northern District of California. Senior Judge D. Lowell Jensen.

DSU Med. Corp. v. JMS Co., 2004 U.S. Dist. LEXIS 31559 (N.D. Cal., Sept. 20, 2004)

Disposition: AFFIRMED.

CORE TERMS

infringement, patent, needle, guard, inducement, trial court, slot, wing, configuration, slip opinion, noninfringing, damages, closed-shell, assembly, lost profits, sales, contributory, hub, new trial, district court, invention, sliding, court review, open-shell, enclosing, opening, Motions, locking, motion for a new trial, instructions

Patent Law, Infringement Actions, Claim Interpretation, General Overview, Jurisdiction & Review, Standards of Review, Business & Corporate Compliance, Infringing Acts, Indirect Infringement, Burdens of Proof, Civil Procedure, Jury Trials, Jury Instructions, Appeals, Judgments, Relief From Judgments, Motions for New Trials, Abuse of Discretion, Evidence, Admissibility, Expert Witnesses, Daubert Standard, Remedies, Damages, Compensatory Damages, Measure of Damages