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McAndrews, Held & Malloy Client Stryker Corporation Awarded Treble Damages on Jury’s $70 Million Verdict


Friday, August 09, 2013

Judge Grants all Post-Trial Motions for Stryker

McAndrews, Held & Malloy has announced that Judge Robert Jonker in the U.S. District Court of the Western District of Michigan has granted all post-trial motions for its client, Stryker Corporation (NYS: SYK), one of the world’s most innovative medical device companies, in Stryker Corp. et al. v. Zimmer Inc. et al. Earlier this year, a jury found that rival medical device maker Zimmer, Inc., willingly infringed three patents related to pulsed lavage irrigation systems, and awarded $70 million to Stryker in damages. Because the infringement was found to be willful, Stryker filed post-trial motions to increase the damages and seek an award of attorney fees.

In a 58-page opinion, Judge Jonker denied all of Zimmer’s post-trial motions, which sought to overturn the jury’s verdict and to decrease damages. In addition, Judge Jonker granted all of Stryker’s post-trial motions, including its request for treble damages on the jury’s $70 million verdict and for supplemental damages in the amount of $2.35 million, Stryker’s motion for an award of attorneys’ fees, as well as Stryker’s motion for a permanent injunction. The Court further awarded Stryker prejudgment interest of more than $11 million.

McAndrews, Held & Malloy shareholder Greg Vogler, who served as Stryker’s lead counsel, says: “Stryker is an innovative company that researched and developed cutting-edge and valuable inventions in the pulsed lavage field to help doctors better treat their patients. Zimmer recklessly took those inventions. The decision is just.”

Shareholder Sharon Hwang also served as Stryker’s trial counsel and states: “The ruling was a validation that the jury made the right decision to protect Stryker’s intellectual property from being infringed. It was a hard fought case that covered a number of different and complex issues, but the end result was worth it.” McAndrews’ lawyers Debbie Laughton, Laura Personick and Justin Paul also represented Stryker at trial.

About McAndrews, Held & Malloy

McAndrews, Held & Malloy boasts one of the most highly regarded teams of intellectual property attorneys, agents and technology specialists in the United States. Founded in 1988, the firm offers deep bench strength in matters relating to patents, trademarks, copyrights, trade secrets and unfair competition. McAndrews attorneys have underlying scientific-based degrees and extensive prior experience in technology and IP-focused professions, and they routinely handle cases that involve innovative and cutting-edge technologies in specialized industries. While best known for their record of litigation successes, the firm also offers services in IP procurement, patent interferences, trademark oppositions and cancellations, IP/technology opinions and investigations, global portfolio management, development and licensing, M&A support, due diligence, design rights and joint ventures. Clients include multi-national corporations, Fortune 500 companies, startups and world-renowned universities. For more information, visitwww.mcandrews-ip.com.



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