Press Release

Cooley Wins Trial on Patent Interference for RSB Spine

August 28, 2025

Reston – August 28, 2025 – A Cooley team secured a finding of no interference-in-fact for client RSB Spine following a patent interference trial before Judge Richard G. Andrews of the US District Court for the District of Delaware against DePuy Synthes.

In his August 27 trial opinion, Judge Andrews found in favor of RSB Spine and rejected DePuy’s interference counterclaim, concluding that DePuy did “not meet its preponderance of the evidence burden to show an interference-in-fact.” The interference trial and trial opinion followed RSB Spine’s December 2022 patent infringement victory, where a federal jury awarded it $12 million. The ruling on interference is particularly notable given the rarity of interference proceedings in district court.

The Cooley team representing RSB Spine in the interference trial was led by partner Reuben Chen, with support from associates Dustin Knight, Juan Pablo González, Brianna Patterson and Cole Merritt.

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