Posted byOrthoEx Posted in, ,
Posted on Jul 13, 2017

Nate Raymond / July 13, 2017

(Reuters) – A U.S. judge has increased the amount medical device maker Zimmer Biomet Holdings Inc must pay Stryker Corp for infringing patents on a surgical cleaning wand to $248.7 million following a ruling by the U.S. Supreme Court.

The ruling by U.S. District Judge Robert Jonker in Grand Rapids, Michigan, on Wednesday came after the Supreme Court in June 2016 ruled for Stryker in finding that judges should have more discretion to boost penalties in patent infringement cases.

Stryker declined to comment on Thursday. Zimmer did not immediately respond to a request for comment.

The ruling came in a lawsuit filed in 2010 by Kalamazoo, Michigan-based Stryker that claimed its competitor’s Pulsavac Plus device for cleaning wounds during orthopedic surgical procedures infringed three of its patents.

In 2013, a federal jury awarded Stryker $70 million in lost profits and found Warsaw, Indiana-based Zimmer’s conduct to have been willful.

Jonker later that year ruled Stryker deserved triple damages based on the “flagrancy and scope of Zimmer’s infringement.” With other fees, the award came to $228 million.