Court Upholds $4.3 Million of Jury Verdict Against Depuy Synthes
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.)