Stryker Corp. v. Zimmer Inc.
Consolidated with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 14-1520 | Feb 23, 2016 | Jun 13, 2016 | 8-0 | Roberts | OT 2015 |
Holding: Section 284 of the Patent Act provides that, in a case of infringement, courts "may increase the damages up to three times the amount found or assessed." Under the Federal Circuit's two-part Seagate test, damages may be increased under Section 284 only if the patent owner can show, by clear and convincing evidence, both that "the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent" and that the risk of infringement "was either known or so obvious that it should have been known to the accused infringer." The Seagate test is "unduly rigid" and not consistent with the text of Section 284.
Judgment: Vacated and remanded, 8-0, in an opinion by Chief Justice Roberts on June 13, 2016. Justice Breyer filed a concurring opinion, in which Justices Kennedy and Alito joined.
SCOTUSblog Coverage
- Opinion analysis: Where have I read this before? Justices tread familiar path limiting Federal Circuit control over remedies in patent cases (Ronald Mann, June 16, 2016)
- Argument analysis: Justices unsettled on standard for enhanced damages in patent cases (Ronald Mann, February 24, 2016)
- Argument preview: Justices to consider standard for enhanced damages in patent cases (Ronald Mann, February 16, 2016)
- Court takes on new energy pricing dispute (Lyle Denniston, October 19, 2015)
| Date | Proceedings and Orders |
|---|---|
| 06/22/2015 | Petition for a writ of certiorari filed. (Response due July 24, 2015) |
| 07/24/2015 | Brief of respondents Zimmer, Inc., and Zimmer Surgical, Inc. in opposition filed. |
| 07/24/2015 | Brief amici curiae of Independent Inventor Groups filed. (Distributed) |
| 07/24/2015 | Brief amicus curiae of Nokia Technologies OY, and Nokia USA Inc. filed. |
| 08/06/2015 | Reply of petitioners Stryker Corporation, et al. filed. |
| 08/12/2015 | DISTRIBUTED for Conference of September 28, 2015. |
| 10/05/2015 | DISTRIBUTED for Conference of October 9, 2015. |
| 10/13/2015 | DISTRIBUTED for Conference of October 16, 2015. |
| 10/19/2015 | Petition GRANTED. The petition for a writ of certiorari in No. 14-1513 is granted limited to Question 1 presented by the petition. The cases are consolidated and a total of one hour is allotted for oral argument. |
| 11/11/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 11/19/2015 | The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 9, 2015. VIDED |
| 11/19/2015 | The time to file respondents' briefs on the merits is extended to and including January 13, 2016. VIDED |
| 12/09/2015 | Brief of petitioners Stryker Corporation, et al. filed. |
| 12/09/2015 | Joint appendix filed. (Statement of costs filed.) |
| 12/09/2015 | Supplemental appendix filed. (Statement of costs filed.) |
| 12/14/2015 | Brief amici curiae of Mentor Graphics Corp., et al. in support of neither party filed. VIDED. |
| 12/15/2015 | Brief amici curiae of Public Knowledge, The Electronic Frontier Foundation, and Engine Advocacy in support of neither party filed. VIDED. |
| 12/16/2015 | Brief amicus curiae of the United States filed. VIDED. |
| 12/16/2015 | Brief amici curiae of Small Inventors filed. VIDED. |
| 12/16/2015 | Brief amicus curiae of Intellectual Property Professors in support of neither party filed. VIDED. |
| 12/16/2015 | Brief amici curiae of Nokia Technologies Oy and Nokia USA Inc. filed. VIDED. |
| 12/16/2015 | Brief amicus curiae of Licensing Executives Society (U.S.A. and Canada), Inc. in support of neither party filed. VIDED. |
| 12/16/2015 | Brief amicus curiae of Innovention Toys, LLC filed. VIDED. |
| 12/16/2015 | Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. VIDED. |
| 12/16/2015 | Brief amicus curiae of Askeladden LLC in support of neither party filed. VIDED. |
| 12/16/2015 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. VIDED. |
| 12/16/2015 | Brief amicus curiae of Ericsson Inc. in support of neither party filed. VIDED. |
| 12/16/2015 | Brief amicus curiae of Professor Mossoff in support of neither party filed. VIDED. |
| 12/23/2015 | SET FOR ARGUMENT ON Tuesday, February 23, 2016 |
| 01/04/2016 | Record requested from U.S.C.A. Federal Circuit. |
| 01/12/2016 | Record received from U.S.C.A. Federal Circuit is electronic and located on PACER with the exception of Joint Appendix Vols. 1-3. |
| 01/13/2016 | Brief of respondents Zimmer, Inc. and Zimmer Surgical, Inc. filed. |
| 01/15/2016 | CIRCULATED. |
| 01/19/2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| 01/20/2016 | Joint motion for divided argument filed by respondents. VIDED. |
| 01/20/2016 | Brief amicus curiae of BSA I The Software Alliance filed. VIDED. (Distributed) |
| 01/20/2016 | Brief amici curiae of Intel Corp., et al. filed. VIDED. (Distributed) |
| 01/20/2016 | Brief amicus curiae of Marvell Semiconductor, Inc. filed. VIDED. (Distributed) |
| 01/20/2016 | Brief amicus curiae of Huawei Technologies Co., Ltd. filed. VIDED. (Distributed) |
| 01/20/2016 | Brief amici curiae of Dell, et al. filed. VIDED. (Distributed) |
| 01/20/2016 | Brief amici curiae of Certain Members of Congress filed. VIDED. (Distributed) |
| 01/20/2016 | Brief amicus curiae of EMC Corporation filed. VIDED. (Distributed) |
| 01/20/2016 | Brief amici curiae of Google Inc., et al. filed. VIDED. (Distributed) |
| 01/20/2016 | Brief amici curiae of Internet Companies filed. VIDED. (Distributed) |
| 01/25/2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED |
| 01/25/2016 | Joint motion for divided argument filed by respondents DENIED. VIDED |
| 02/12/2016 | Reply of petitioners Stryker Corporation, et al. filed. (Distributed) |
| 02/23/2016 | Argued. For petitioners: Jeffrey B. Wall, Washington, D. C.; and Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Carter G. Phillips, Washington, D. C. VIDED |
| 02/23/2016 | Letter dated February 18, 2016, amending the Corporate Disclosure Statement, received from counsel for respondent Zimmer, Inc. on February 23,2016. (Distributed) |
| 06/13/2016 | Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court. Breyer, J., filed a concurring opinion, in which Kennedy and Alito, JJ., joined. |
| 07/15/2016 | JUDGMENT ISSUED |
| 07/25/2016 | AMENDED JUDGMENT ISSUED |