DePuy Synthes, Johnson and Johnson’s orthopedic company, lost its bid to prove they invented a spinal fusion device before RSB Spine, according to an opinion issued in the U.S. District Court for Delaware.
In 2022, a jury trial ruled that DePuy infringed RSB Spine’s U.S. Patent No. 9,713,537, according to a written opinion filed Aug. 27. At the time, DePuy was ordered to pay $12 million to RSB Spine.
DePuy also asserted a counterclaim of interference between RSB’s patent and its own patent, U.S. patent No. 7,846,207, court documents said.
A judge rejected DePuy’s counterclaim and found no interference between the two patents, court documents said. The $12 million verdict remains intact, and a final judgement is expected in the near future.
Johnson and Johnson didn’t return an Aug. 29 request for comment from Becker’s.
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