Well, it pales in comparison to those billion-dollar verdicts they hand out in medical cases in Delaware, or even to the $85 million verdict from Oregon the last time these two competitors clashed, but a Marshall jury in Judge Roy Payne's court rendered a verdict in favor of plaintiff Arthrex, Inc., a Florida-based maker of orthopedic products against competitor Smith & Nephew Inc. in a case involving allegations of copying of designs for medical implants.
The jury found all six claims infringed and willfully so, and none of the claim shown to be invalid by clear and convincing evidence. It awarded damages of $12,250,000 on one patent, and $5,150,000 on the other patent. I am not totaling these numbers because I do not know whether they are cumulative, or the larger number would incorporate infringement of both patents. As I have previously posted, sometimes cases are submitted with damages on a patent by patent basis so that if one patent is found to be invalid, there is still a separate damages verdict for the remaining patent. See Mirror Worlds v. Apple.
In a sidecar of sorts to the case, patent owned by a different plaintiff was alleged to have been infringed as well, and the jury found that it was not.
I mentioned the prior litigation - in 2011, a federal jury in Oregon awarded Smith & Nephew $85 million against Arthrex over a patent covering suture anchors use to reattach damaged tissue and bone. The district judge set the jury's verdict aside, finding that it was not supported by substantial evidence, but that finding in turn was set aside by the Federal Circuit later when it affirmed a $99 million judgment in that case.