DePuy Synthes wants feds to undo $20M verdict in orthopedic patent case


DePuy Synthes, Johnson & Johnson's orthopedic company, is asking an appeals court to reverse a $20 million award granted to Gary Rasmussen, MD, in a 2022 patent case.

The verdict, which was awarded in March 2022, centered on the "Balanced Sizer" product included in DePuy's Attune knee system. A federal jury found DePuy Synthes infringed on a device invented by Dr. Rasmussen that reshapes existing bone and cartilage before knee replacement procedures. 

In May 2022, Dr. Rasmussen asked a Massachusetts federal court to approve $8 million for attorney fees after blaming the opposition's alleged defense tactics for the litigation's high cost.

But now DePuy Synthes is arguing that the verdict should be reversed entirely on multiple grounds, according to a brief filed Feb. 21 in the U.S. Court of Appeals for the Federal Circuit. 

The company argues Rasmussen Instruments didn't own the patent it asserted against DePuy, the claims "were improperly construed," sufficient proof of direct infringement wasn't submitted and the court "abused its discretion" by ordering a permanent injunction.

A spokesperson for Johnson & Johnson MedTech didn't immediately respond to a request for comment from Becker's.

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