DePuy Orthopaedics defends against patent infringement claims involving its flagship acetabular (hip) implant product

Client(s) Johnson & Johnson

Jones Day represented DePuy Orthopaedics, Inc. in its defense against claims of patent infringement brought by Howmedica Osteonics Corp. and Stryker Ireland Ltd. ("Stryker") relating to the sale of its flagship acetabular (hip) implant product. DePuy countersued for infringement of its own patent relating to Stryker's sale of a similar product. In the Court's Order construing the claims of the patents, the Court construed several key limitations in Stryker's patent in a way that was very favorable to DePuy. In light of the claim construction order, Stryker sought to stipulate to non-infringement with respect to certain limitations and appeal the Court's Order immediately. The Defendants opposed Stryker's request for an immediate appeal and were granted leave to file summary judgment motions on all non-infringement bases. The Court's Order also construed the claims in DePuy's patent favorably and DePuy's countersuit was proceeding to trial. After the close of fact discovery on DePuy's countersuit, and before engaging in summary judgment briefing on Stryker's infringement claims, Stryker settled with DePuy.

Howmedica Osteonics Corp., et al. v. Depuy Orthopaedics, Inc., Case No. 2:11-06498 (D.N.J.)