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DePuy Synthes wins JMOL in patent litigation involving spinal surgery medical devices

June 2023

Client(s) Johnson & Johnson

Following a two-week trial, Jones Day obtained a complete victory for Johnson & Johnson subsidiaries DePuy Synthes Products, Inc.; DePuy Synthes Sales, Inc.; and Medical Device Business Services, Inc. against patent infringement claims brought by Dr. Mark Barry relating to the use of certain methods and medical instruments for spinal surgery involving DePuy's Expedium® and Viper® systems. The Court granted the J&J defendants’ Motion for Judgment as a Matter of Law (JMOL) of no direct infringement, excluding Dr. Barry’s technical expert for failing to follow the Court’s claim construction and Dr. Barry’s survey expert for using an unreliable methodology. Dr. Barry has filed an appeal to the Federal Circuit.

Barry v. DePuy Synthes Companies, et al., No. 2-17-cv-03003 (E.D. Pa.)

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