A Shearman & Sterling litigation team won an appeal for its client, medical device company LMA International N.V., in an important patent-infringement case, Laryngeal Mask Co. Ltd. v. Ambu, Nos. 2010-1028, 2010-1062, 2010 WL 3633180 (Fed. Cir. Sept. 21, 2010). The patent-in-suit claims a method of reinforcing a medical device called a laryngeal mask used to maintain an airway in patients who are under general anesthesia. The federal district court in San Diego held that the patent-in-suit was not infringed by three of the defendants’ four accused product families. The district court also held that the patent-in-suit was invalid. On appeal, a three-judge panel of the United States Court of Appeals for the Federal Circuit unanimously reversed. On non-infringement, the Federal Circuit adopted the Firm’s claim construction (reading of the patent-in-suit) and vacated the non-infringement order. On invalidity, the Federal Circuit held that the patent would support a reasonable jury’s conclusion that the claims had an adequate written description.

The Shearman & Sterling lawyers working on the appeal included partner Stephen J. Marzen (Washington, D.C.-Appellate Litigation, Complex Commercial Litigation, Intellectual Property & Technology Litigation), who argued the appeal, of counsel Vicki S. Veenker (Menlo Park-Intellectual Property & Technology Litigation), and counsel Adam P. Noah (San Francisco-Intellectual Property & Technology Litigation).

View link to the oral argument

View link to the opinion