Knobbe/Martens: Intellectual Property Law

Court Upholds $4.3 Million of Jury Verdict Against Depuy Synthes

By Brian Horne August 12, 2019

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

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Court Upholds $4.3 Million of Jury Verdict Against Depuy Synthes
Brian Horne is an experienced trial lawyer who litigates throughout the country for both plaintiffs and defendants. Mr. Horne has been a member of trial teams that have won more...
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