21 July 2017
Michigan
Reporter: Mark Dugdale

Stryker’s award increases to $248.7 million


A US district court has increased the sum that medical device maker Zimmer must pay to rival Stryker, following the Supreme Court’s enhanced damages ruling in the litigation.

Western District of Michigan Judge Robert Jonker increased Stryker’s award to $248.7 million for Zimmer’s willful infringement of three patents with a device for cleaning wounds.

The Supreme Court took up the case after the Court of Appeals for the Federal Circuit reversed Judge Jonker’s willfulness finding and triple damages award.

In its ruling, the Supreme Court described the Federal Circuit’s test for determining willful infringement as too rigid and instructed district courts to “punish the full range of culpable behaviour”.

Confirming the $248.7 million award, which was increased from $228 million, Judge Jonker wrote: “In simplest terms, the court believes that its and the jury's original fact findings against Zimmer, coupled with multiple legal changes that actually make it easier to enhance damages and make exceptional case findings, fully support the court's original awards in the case.”

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