INDUCED INFRINGEMENT BECOMES MORE DIFFICULT TO DEFEND
By: Audrey Millemann
In Warsaw Orthopedic, Inc. v. NuVasive, Inc. (June 3, 2016) 2016 U.S. App. LEXIS 10092, the Federal Circuit Court of Appeals broadly interpreted the Supreme Court’s test for induced infringement, finding irrelevant the defendant’s belief that there was no infringement.
Warsaw and a related company, Medtronic, sued NuVasive for patent infringement. NuVasive counterclaimed against Warsaw and Medtronic for infringement of its patent. NuVasive’s patent covered methods used during surgery to detect a nerve and determine the distance to the nerve.
Fee Limits Ruled Unlawful in Florida Workers’ Comp Cases
In a long-awaited decision, the Florida Supreme Court ruled in Marvin Castellanos v. Next Door Company, et al. that the limitations on attorneys’ fees awarded under Florida’s workers’ Compensation statute violates the due process clause of both the Florida and United States Constitutions. As a result of this holding, attorneys are no longer limited to fees based exclusively on a percentage of the benefits actually secured. They may now be awarded an hourly fee for time and effort reasonably expended on litigating workers’ compensation benefits.
Neutral Solutions: We Help You Connect The Pieces
The Neutral Solutions Team at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in:
- Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws.
- Conducting independent investigations into complaints of misconduct in the workplace.
- Mediating employment disputes both pre and post litigation
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