Patrick J.Norton

Partner

Cleveland + 1.216.586.7022

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Patrick Norton is a trial lawyer with significant experience representing clients in their most important intellectual property matters. Patrick represents both plaintiffs and defendants in cases involving a wide variety of technologies, and has extensive experience in medical device litigation, representing Johnson & Johnson in such cases since joining Jones Day in 1998. In addition to patent litigation, Patrick has handled cases involving breach of contract, fraud, unfair competition, misappropriation of trade secrets, and noncompetition agreements. He has litigation in both state and federal courts, and also has extensive experience in arbitrations.

Patrick has first chair trial experience, including representing Johnson & Johnson subsidiary DePuy Synthes in a license dispute relating to the company's posterior cervical spine fixation system. Patrick has also represented DePuy Orthopaedics in patent infringement and license disputes, including cases involving hip and knee implants. Some of Patrick's other notable victories include representing DePuy Spine in two patent infringement trials relating to spinal implants. Patrick was a member of the trial team in an initial jury trial that resulted in an award of $26 million, and was second chair for a second jury trial on the same patent that resulted in an award of $179 million on a different product after affirmance by the Federal Circuit.

Patrick is a member of the American Bar Association and the Ohio State Bar Association. Prior to attending law school, Patrick was a three year starter and letter winner on the football team at Northwestern University.

Experience

  • DePuy Orthopaedics obtains Federal Circuit affirmance of patent infringement victory involving its flagship knee replacement productJones Day successfully represented Johnson & Johnson subsidiaries DePuy Orthopaedics, Inc.; DePuy Synthes Sales, Inc.; and DePuy Synthes Products, Inc. in their defense against claims of patent infringement brought by MedIdea, L.L.C. relating to the sale of their flagship posterior stabilized knee replacement product, Attune®.
  • DePuy Synthes defends against multi-patent lawsuit alleging infringement against stand-alone intervertebral spinal implant productsJones Day is representing Johnson & Johnson subsidiaries DePuy Synthes Sales, Inc. and DePuy Synthes Products, Inc. in a patent infringement lawsuit brought by RSB Spine, LLC alleging that certain of its spinal implant products infringe two patents.
  • DePuy Synthes defends against patent infringement claims involving methods and instruments for spinal surgeryJones Day represents Johnson & Johnson subsidiaries DePuy Synthes Products, Inc.; DePuy Synthes Sales, Inc.; and Medical Device Business Services, Inc. in their defense against claims of patent infringement brought by Dr. Mark A. Barry relating to the use of certain methods and instruments for spinal surgery involving DePuy's Expedium® and Viper® systems.
  • DePuy Synthes prevails in patent royalty dispute brought by surgeonJones Day represented Johnson & Johnson subsidiary DePuy Synthes ("DePuy") in a three-day arbitration hearing to resolve a patent royalty dispute brought by Jordan Consulting seeking more than $6.5 million in damages for breach of a product development agreement relating to DePuy's flagship posterior cervical spinal implant system, Mountaineer.
  • DePuy Orthopaedics defends against patent infringement claims involving its flagship acetabular (hip) implant productJones 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.
  • Diebold resolves patent dispute with PPS DataJones Day represented Diebold, Incorporated against PPS Data, LLC in a patent infringement lawsuit concerning remote banking transactions.
  • DePuy Orthopaedics defends against allegations of breach of contract and patent infringementJones Day is defending Johnson & Johnson subsidiary DePuy Orthopaedics, Inc. against breach of contract and patent infringement allegations brought by Orthopaedic Hospital of Los Angeles.
  • DePuy Spine wins patent interference trial in D.C. District CourtJones Day successfully represented DePuy Spine, Inc. as lead trial counsel in a patent interference trial in the United States District Court for the District of Columbia.
  • DePuy Spine wins Federal Circuit affirmance of $149.1 million award, one of ten largest patent jury verdicts affirmed on appealOn June 1, 2009, the United States Court of Appeals for the Federal Circuit issued a decision affirming a $149.1 million patent damages award for Jones Day client DePuy Spine, Inc., (a Johnson & Johnson company) in DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc., Nos. 2008-1240, 2008-1253 and 2008-1401.
  • DePuy Orthopaedics prevails in arbitration proceeding brought by surgeonJones Day represented defendant DePuy Orthopaedics, Inc. in an arbitration brought by a surgeon against DePuy.
  • DePuy Spine prevails in patent infringement dispute before arbitration panelJones Day represented Johnson & Johnson subsidiary, DePuy Spine, Inc. in an arbitration proceeding concerning allegations of patent infringement against certain spinal implant products sold by DePuy Spine.
  • Interstate Diesel resolves action against Robert Bosch for breach of contract, fraudJones Day represented Interstate Diesel in an action involving breach of contract, promissory estoppel, fraud, tortious interference with contract and tortious interference with prospective business relations.
  • Interstate Diesel resolves patent infringement action over electronic fuel injectorsJones Day represented Interstate Diesel in a patent infringement action involving solenoid stators for use in electronic fuel injectors.
  • Dell defends against patent infringement action involving image enhancement technologyJones Day represented Dell Computer in a patent infringement action involving image enhancement technology allegedly used by laser printers and LCD televisions.
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