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Court Upholds $4.3 Million of Jury Verdict Against Depuy Synthes

| Brian Horne

Acantha LLC sued Depuy Synthes Sales Inc. and DePuy Synthes Products, Inc., alleging that Depuy’s Vectra and Zero-P VA products infringe U.S. Reissued Patent No. RE 43,008.  The patent relates to an orthopedic implant used for joining bone segments.

A jury found that all accused products infringed and awarded over $8.2 million in damages.  Depuy moved for judgment as a matter of law that it did not infringe.

The court found insubstantial evidence to support the jury’s finding that the Zero-P VA product infringes, but did find that substantial evidence supported the jury’s finding that the Vectra products infringe.  Thus, the court reduced the jury’s damages award to $4,320,136.  In addition, the court awarded supplemental damages for pre- and post-verdict sales not accounted for in the jury’s verdict, as well as pre- and post-judgement interest.

The case is Acantha, LLC v. Depuy Synthes Sales Inc. and Depuy Synthes Products Inc., Case No. 15-C-1257 (E.D. Wis.)

Editors: Mark Kachner, Paul Stewart & Yanna S. Bouris