DePuy Synthes secures complete victory in knee-replacement patent infringement case
Client(s) Johnson & Johnson
Jones Day obtained a complete victory for Johnson & Johnson subsidiary DePuy Synthes ("DePuy") in a patent infringement case brought by Rasmussen Instruments, LLC, alleging that certain instruments used in knee replacement surgery with DePuy's Attune Knee System infringe two patents. Attune is DePuy's flagship knee replacement system, and the plaintiff sought nearly $200 million in damages for the allegedly infringing use of DePuy's Balanced Sizer and Balancing Block instruments. After a 14-day trial, the jury returned a mixed verdict finding the patents not invalid, neither instrument infringed one of the asserted patents, and the Balanced Sizer infringed the second asserted patent; awarding only $20 million in damages. DePuy Synthes appealed. On appeal, the Federal Circuit agreed that Rasmussen Instruments did not own either patent at the time it filed suit, vacated the district court's final judgment, and remanded for the district court to dismiss the case for lack of jurisdiction.
Rasmussen Instruments, LLC v. DePuy Synthes Products, Inc. et al., No. 1-20-cv-11807 (D. Mass.); Appeal Nos. 23-1855, -1856, 2399, 24-1047 (Fed. Cir.)
