It’s been two and a half years since Stryker Corp. and Zimmer Inc. took their long-running patent infringement dispute to the U.S. Supreme Court, ending in a new, more relaxed standard for imposing enhanced damages on willful infringement.
But the two medical device companies are still thrashing out exactly how much money Zimmer should pay for willfully infringing Stryker’s patents on specialty suction devices. On remand from the Supreme Court, U.S. District Chief Judge Robert Jonker of the Western District of Michigan again imposed the maximum penalty, trebling the jury’s $70 million award. With supplemental damages, prejudgment interest and an $8 million attorney fee award, the total came to $254 million.
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