Verdict in $20M knee surgery patent infringement case overturned

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A federal appeals court vacated a $20 million jury verdict in a knee surgery device patent suit, according to an Oct. 7 report from Vital Law.

The court determined that Rasmussen Instruments did not have standing in its patent infringement case against DePuy Synthes, a subsidiary of Johnson & Johnson.

Gary Rasmussen, MD, an orthopedic surgeon and founder of Rasmussen, is the inventor of two instruments used during total knee replacement surgery. 

According to the court, Rasmussen did not own either of the two patents at the time the suit was initially filed. 

Rasmussen sued DePuy in 2020. During the 2022 trial, a jury found that DePuy willfully infringed upon one of the patents and awarded $20 million in damages. 

In 2024, DePuy filed its appeal to reverse the $20 million verdict.

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