Howmedica Ostenonics Corp. v. Zimmer, Inc. and Centerpulse Orthopedics, Inc.

On May 23, 2018, the U.S. District Court for the District of New Jersey released a public version of an opinion that the court had issued in a patent dispute between Howmedica Osteonics (“the Plaintiff”) and Zimmer and Centerpulse Orthopedics (“the Defendant”).  In the opinion, the court granted the Defendant’s motion for attorney fees and costs, which amounted to over $13.3 million, because the Plaintiff had repeatedly misled the U.S. Patent and Trademark Office and spent ten years pursuing claims that the Plaintiff knew were baseless.  In the underlying case, the Plaintiff had accused the Defendant of infringing U.S. Patent Nos. 6,174,934, 6,372,814, 6,664,308, and 6,818,020, which are drawn to processes for irradiating and heating polymers used in medical implants.  Each of the asserted patents had also been invalidated during the eleven years of litigation.  The case remains pending and is captioned 2:05-cv-00897.

By: Jacqueline A. DiRamio

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