Rasmussen sued DePuy Syntheic Products, DePuy Syntheses Sales, inc. and Medical Device Business Services, Inc. (formerly known as DePuy Orthopaedics) in October 2020, accusing each of infringing a pair of patents related to an arthroplasty system for aligning and tensioning knee prosthetics during knee replacement surgery. Rasmussen says that it pitched the system to DePuy in 2012, after filing the application that matured into the two patents, and says that DePuy refused to license the technology, but instead sold an infringing product. Rasmussen also noted that his patents were cited by DePuy in prosecuting its own patent applications, and asserted that the infringement was willful.
The case which was ushered along most of the way by Judge Young, proceeded to trial in front of Judge Hillman, and the eight-person jury issued a verdict on March 14th. The jury found that DePuy’s Balanced Sizer product infringed U.S. Patent No. 9,492,180 but did not infringe U.S. Patent No. 10,517,583. For the ‘180 patent, the jury found direct and contributory infringement and inducement to infringe with respect to the Balanced Sizer, and found the infringement to be willful. The jury found no infringement by DePuy’s Balancing Blocks product, which had been accused of infringing only the ‘583 patent. None of the asserted claims of either patent were deemed to be invalid. The jury awarded $20 million in damages.
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