Surgeon wins $20M jury verdict against DePuy Synthes for Infringement of Knee Prosthesis Patents
Rasmussen Instruments, LLC (“Rasmussen”) won a $20M jury verdict against DePuy Synthes (“Depuy”), a part of Johnson & Johnson Medical Devices Companies. Rasmussen asserted Patent Nos. US 9,492,180 (‘180 patent) and US 10,517,583 (‘583 patent), both titled “Arthroplasty systems and methods for optimally aligning and tensioning a knee prosthesis,” against DePuy’s “Balanced Sizer” product for its Attune® Knee System.
According to the complaint filed in 2020, Dr. G. Lynn Rasmussen is an orthopedic surgeon based in Murray, Utah, with over 40 years of experience in reconstructive orthopedic surgery and is the sole member and owner of Rasmussen. Both the ‘180 patent and ‘583 patent claim priority to a provisional application filed in 2005 by Dr. Rasmussen. The complaint alleges that the ‘180 patent and ‘583 patent “describe and claim . . . a device for maintaining the tension in the ligaments of a knee joint and/or adjusting the alignment of a knee joint during knee replacement surgery.”
According to the complaint, from 2012 to 2014, Dr. Rasmussen discussed licensing the patented technology with DePuy, but after the negotiations broke down, Rasmussen initiated litigation against DePuy. After a trial in March of 2022, the jury decided that DePuy’s “Balanced Sizer” product infringed the ‘180 patent but did not infringe the ‘583 patent. The jury also decided that DePuy’s infringement of the ‘183 patent was willful and that Rasmussen’s damages were therefore $20 million. The jury also held that the ‘180 patent and the ‘583 patent were not invalid.
The case is No. 1:20-CV-11807-WGY in the U.S. District Court for the District of Massachusetts, Eastern Division.
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Zimmer files for Inter Partes Review of Knee Replacement Patent
On October 30, 2013, Zimmer Holdings, Inc. and Zimmer, Inc. filed a petition with the Patent Trial and Appeal Board requesting inter partes review of U.S. Patent No. 7,837,736, assigned to Bonutti Skeletal Innovations, LLC.
The ‘736 Patent is entitled “Minimally Invasive Surgical Systems and Methods.” The ‘736 Patent states that it relates to a method “for performing a total knee arthroplasty.” Figure 90 from the ‘736 Patent, described as “a schematic illustration of a tibial component of a knee implant[,]” is shown below:
The petition seeks to review claims 15-28 and 31-36 of the ‘736 Patent. The petition discloses that Bonutti Skeletal has accused Zimmer of infringing the ‘736 Patent in a lawsuit filed in the U.S. District Court for the District of Delaware. Bonutti Skeletal filed an amended complaint in that lawsuit on January 15, 2013. In addition to the ‘736 Patent, the amended complaint also alleges infringement of U.S. Patents 6,702,821, 7,749,229, 7,806,896, 7,959,635, and 8,133,229.
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