Michigan Court Reinstates its Full $254 Million Award to Stryker for Competitor’s Infringing Wound Irrigation Devices

Editors: John Sganga, Joseph Cianfrani and Boris Zelkind

Patent Judgments & Awards

On July 19, 2017, a federal court in Michigan awarded Stryker Sales Corporation (“Stryker”) a total of more than $254,000,000 in its patent infringement suit against Zimmer Inc. and Zimmer Surgical Inc. (“Zimmer”). This award included three times Stryker’s actual damages, plus over $9.5 million in attorneys’ fees and associated interest, nearly $25 million in pre-judgment interest, and $218K in post-judgment interest. The court also issued a permanent injunction against infringement of one of the asserted patents. The decision is the result of a seven year battle between Zimmer and Stryker. The dispute involved portable, battery powered, handheld, pulsed lavage devices, which deliver pressurized irrigation for certain medical therapies, including orthopedic procedures and the cleaning of wounds. In its trial brief, Stryker asked the court to award $70 million in lost profits, which represents 92% of Zimmer’s infringing sales. After a two-week trial, the jury awarded Stryker $70 million in lost profits, the full amount Stryker requested. The court also awarded supplemental damages for pre- and post-verdict sales, treble damages, and attorneys’ fees and costs. Zimmer then appealed the case to the Federal Circuit and, ultimately, to the Supreme Court. The appeals courts upheld the jury’s award of $70 million in actual damages to Stryker. The Federal Circuit sent the case back to the Michigan federal court to reconsider its award of attorneys’ fees and treble damages in light of recent Supreme Court decisions. The Michigan court, in turn, reinstated its full award of attorneys’ fees and treble damages, together with costs and interest, for a total award of $254,485,338.