Zimmer, Stryker Set to Fight Over Huge Damages Award

December 6, 2018 Legal, Medical Devices, Stryker, Zimmer Biomet

Medical device giants Zimmer Biomet and Stryker Corp. are getting ready to rumble at a federal appeals court Dec. 3 over the scope of damages awarded in a patent infringement case.

Zimmer is asking the U.S. Court of Appeals for the Federal Circuit to reconsider how much it has to pay Stryker for infringing patents covering wound cleaning devices. The case has dragged on for eight years with multiple appeals.

A lot of money is at stake. Zimmer wants the appeals court to throw out the district court’s award of $248.7 million in enhanced damages—which may be one of the largest-ever awards of enhanced damages in a patent infringement case. Zimmer says the award of enhanced damages is out of proportion to its infringing acts.

Patent litigators and patent law professors are divided about whether the full amount of the award is likely to stick.

The appeals court is unlikely to disturb the district court’s damages analysis, Paul Ainsworth, an intellectual property attorney at Sterne, Kessler, Goldstein & Fox P.L.L.C., and law professor Timothy R. Holbrook told Bloomberg Law.

“I don’t see the Federal Circuit meddling with the outcome here,” said Holbrook, who teaches at Emory University and is the author of more than 40 publications on patent law.

“I’m not sure that the Federal Circuit is going to delve that deeply into the district court’s analysis as it’s discretionary,” Ainsworth said. Ainsworth’s practice focuses on patent and trade secret disputes, including those involving medical device companies.

By Dana A. Elfin | Bloomberg Law

Image Credit: Paul J. Richards / Getty Images

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About Peter Coffaro 542 Articles

A growth-driven and strategic executive, Peter Coffaro commands more than 20 years of progressive management success within the medical device industry. As a District Sales Manager for Stryker Orthopaedics, Peter was responsible for managing and directing a regional sales force to achieve sales and profit goals within the Rocky Mountain region. Previously, he was the Director of Sales & Marketing for Amp Orthopedics. In this role, Peter was responsible for planning, developing, and leading all sales and marketing initiatives. Peter is a former orthopedic distributor in the Pacific Northwest. He has also worked with DePuy Orthopaedics as well as Zimmer, and held positions in sales, sales training, and sales management. Peter has an extensive background in organizational development, business development, sales management, negotiating and P&L management. Peter holds a B.S. degree in Biology from Northern Illinois University.