July 14, 2017 – On July 12, 2017, District Judge Robert J. Jonker granted Plaintiff Stryker Corporation’s motion for treble damages since Defendant Zimmer Surgical, Inc.’s infringement was egregious. The United States District Court of Western District of Michigan (where this case was filed) used the legal standard from In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. Cir. 2007) to determine the $70 million in damages. The District Court also granted Plaintiff’s motion for attorney fees under 35 U.S.C. §285 due to the “subjective willfulness” finding. As such, three U.S. Patents were found to be infringed: No. 6,022,329, entitled “Irrigation Handpiece with Built in Pulsing Pump”; No. 6,179,807, entitled “Surgical/Medical Irrigator with Removable Tip and Integrated Suction Conduit”; and No. 7,144,383, entitled “Surgical/Medical Irrigating Handpiece with Variable Speed Pump, Integrated Suction and Battery Pack.” The case is captioned, Stryker Corporation et al v. Zimmer Inc. et al, 1-10-cv-01223.
By: Monica Chou