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Mentor H/S, Inc. v. Medical Device Alliance, Inc.

In suit for infringement of patent for ultrasonic assisted liposuction method, lower court erred in finding that plaintiff had violated the best mode requirement because defendants did not prove such a violation by clear and convincing evidence, and the court erred in granting a new trial as to other issues because there was sufficient evidence to support the jury's findings.

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Appealed from: United States District Court for the Central District of California

Judge William D. Keller

Mentor H/S, Inc. appeals from the decision of the United States District Court for the Central District of California, following a jury verdict of direct, contributory, and inducement of infringement of Mentor’s U.S. Patent 4,886,491 by Medical Device Alliance, Inc. (“MDA”), Lysonix, Inc., and Misonix, Inc. (collectively, “the defendants”). The court (1) granted the defendants’ motion for judgment as a matter of law (“JMOL”) that a best mode violation occurred; (2) granted Misonix’s motion for JMOL that it did not infringe Mentor’s patent; (3) granted a conditional new trial (in the event that this court reverses its JMOL on the best mode issue) for anticipation, obviousness, inequitable conduct, and contributory infringement by all defendants; and (4) denied Mentor’s motion for enhanced damages and attorney fees. Mentor H/S, Inc. v. Med. Device Alliance, Inc., No. CV 97-2431-WDK (C.D. Cal. June 10, 1999) (granting JMOL on the best mode ground and non-infringement by Misonix, and denying motion for damages and fees) (“Mentor I”); Mentor H/S, Inc. v. Med. Device Alliance, Inc., No. CV 97-2431-WDK (C.D. Cal. Nov. 19, 1999) (granting new trial motions) (“Mentor II”). Mentor challenges each of these rulings on appeal. The defendants cross-appeal the district court’s denial of their motion for a new trial on claim construction and request a judgment of non-infringement based on their proposed claim construction.

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