Press Release

Cooley Earns $12 Million Patent Infringement Victory for RSB Spine

December 13, 2022

Reston – December 13, 2022 – A Cooley team represented RSB Spine in its patent infringement victory against DePuy Synthes, a Johnson & Johnson orthopedics company that makes spinal implant devices. Partners Erik Milch, Joe Drayton and Reuben Chen led the Cooley team.

On December 9, 2022, a Delaware federal jury found infringement by DePuy Synthes and awarded $12 million to RSB Spine. RSB is an Ohio-based medical device company that specializes in the development, manufacture and marketing of interbody spinal fusion devices, including its patented InterPlate technology.

RSB Spine filed suit in 2019 in the US District Court for the District of Delaware for patent infringement based on DePuy’s manufacture and sale of several low-profile interbody plate-spacer devices. Ultimately, the jury found infringement based on the doctrine of equivalents, affirmed the validity of the patent-in-suit and awarded RSB Spine the full $12 million it requested.

Read the redacted verdict

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