Digest of Stryker Corp. v. Zimmer, Inc., No. 2013-1668 (Fed. Cir. Mar. 23, 2015) (precedential). On appeal from W.D. Mich. Before Prost, Newman, and Hughes.

Procedural Posture: Appellant-Defendant Zimmer appealed the district court’s judgment that the asserted patents were valid and infringed, that the infringement was willful, and the award of treble damages. In an earlier decision, the panel affirmed the judgment of validity and infringement, but reversed the judgment of willfulness and vacated the treble damages award and remanded. Now the panel granted rehearing to clarify its previous opinion regarding willfulness.

  • Willful Infringement: The Federal Circuit added a footnote to its earlier opinion in Stryker Corp. v. Zimmer, Inc., No. 2013-1668 (Fed. Cir. Dec. 19, 2014), noting that the Court has not yet addressed whether the Supreme Court’s recent decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 134 S. Ct. 1749 (2014), or Highmark Inc. v. Allcare Health Mgmt. Sys., Inc., 134 S. Ct. 1744, 1746 (2014), alter the standard of review under which a court analyzes the objective prong of willfulness. Given that the district court in this case erred in failing to undertake any objective assessment, the Federal Circuit need not now address what standard of review is appropriate.