1:10-cv-01223 | Stryker Corporation et al v. Zimmer Inc. et al | RPX Insight

Stryker Corporation et al v. Zimmer Inc. et al DC CAFC
- 1:10-cv-01223
- W.D. Mich.
- Judge: Robert J. Jonker
- Filed: 12/10/2010
- Closed: 07/12/2017
- Latest Docket Entry: 04/12/2019
- PACER

3

Plaintiffs

2

Defendants

1

Accused Product

3

Patents-in-Suit

2,407

Days in Litigation

Docket (665 Entries)

Stryker Corporation et al v. Zimmer Inc. et al DC CAFC
- 1:10-cv-01223
- W.D. Mich.
- Judge: Robert J. Jonker
- Filed: 12/10/2010
- Closed: 07/12/2017
- Latest Docket Entry: 04/12/2019
- PACER

Docket (665 Entries)

Litigation Complaint | RPX Insight

View Complaint

Appeals

17-2541
13-1668
14-1520
18-1549

Cause of Action

Willful Patent Infringement

Market Sector

Medical

Court

Western District of Michigan

Assigned Judge

Robert J. Jonker

Outcome Summary

View Outcome Details

Validity and Enforceability Details

Infringement Details

Patent Information

Patents-in-Suit

Validity & Enforceability

US 7,144,383 B2

16 Details

Claim #	Claim Text	Outcome
1	A medical irrigator comprising: a housing shaped to be hand held and having a front end; an inlet tube extending to said housing; a pulse pump capable of operating at a variable rate disposed in said housing and having an outlet conduit that opens to the housing front end, said pump configured to receive fluid from said inlet tube and discharging the fluid through said outlet conduit; a single electric motor disposed in said housing and connected to said pump for actuating said pump, said motor operable at variable speeds to control the pumping rate of said pump; a control assembly disposed in said housing to regulate the speed of said motor; a suction tube disposed in said housing that has an open end adjacent the front end of said housing that extends away from the front end; a battery pack separate from said housing; and a flexible conductor assembly extending from said battery pack to said housing for supplying energy stored in said battery pack to said motor. view more	Valid (103) Entry 381
2	The medical irrigator of claim 1, wherein said control assembly has a switch that is moveably mounted to said housing, said control assembly configured so that: when said switch is in a first position, said control assembly does not supply an energization signal to said motor; when said switch is in a second position, said control assembly supplies a first energization signal from said battery pack to said motor; and when said switch is in a third position, said control assembly supplies a second energization signal from said battery pack to said motor. view more	Valid (103) Entry 381
3	The medical irrigator of claim 2, wherein said switch is pivotally attached to said housing.	Valid (103) Entry 381
8	The medical irrigator of claim 1, wherein said pump is a reciprocating pump.	Valid (103) Entry 381
10	A medical irrigator having: a housing shaped to be hand held, said housing having a front face shaped to receive a medical/surgical tip assembly; a discharge conduit disposed in said housing that opens into the front face of said housing and a suction tube that extends from the housing front face, both said discharge conduit and said suction tube being configured to be connected to separate conduits integral with the tip assembly; an inlet line connected to said housing; a pump disposed in said housing connected to receive fluid from said inlet line and pump fluid out through said discharge conduit, said pump being a pulse pump that operates at a variable rate; a single, variable speed electric motor in said housing that is connected to said pump that actuates said pump so as to regulate the pumping rate of said pump; a conductor assembly including a plurality of flexible conductors, said conductor assembly having a distal end disposed in said housing and a proximal end spaced from said housing; a battery pack separate from said housing, said battery pack attached to said conductors at the proximal end of said conductor assembly; and a switch assembly mounted to said housing for selectively establishing a connection between at least one of said conductors and said motor, said switch assembly having a switch element moveably attached to said handle, said switch assembly being configured so that: when said switch element is in a first position, said switch assembly does not supply an energization signal to said motor; when said switch element is in a second position, said switch assembly supplies a first energization signal from said battery pack to said motor; and when said switch element is in a third position, said switch assembly supplies a second energization signal from said battery pack to said motor. view more	Valid (103) Entry 381
11	The medical irrigator of claim 10, wherein said switch element is pivotally attached to said housing.	Valid (103) Entry 381
13	The medical irrigator of claim 10, wherein: said conductor assembly includes: a first conductor over which a first energization signal from said battery pack is supplied; and a second conductor over which a second energization signal from said battery pack is supplied; and said switch assembly is configured so that: when said switch element is in the second position, said switch assembly connects said first conductor to said motor; and when said switch element is in the third position. said switch assembly connects said second conductor to said motor. view more	Valid (103) Entry 381
17	The medical irrigator of claim 10, wherein said pump is a reciprocating pump.	Valid (103) Entry 381
19	The medical irrigator of claim 10, wherein: said inlet line is a flexible hose that extends from outside said housing into said housing; and said conductor assembly is attached to said hose so that at least a portion of said conductor assembly extends along said hose. view more	Valid (103) Entry 381
20	A medical irrigator comprising: a housing shaped to have a front end; a suction tube disposed in said housing having an inlet end that opens from the front end of said housing; a pulse discharge pump that operates at a variable rate disposed in said housing having an inlet and discharge conduit, the discharge conduit opening towards the front end of said housing; an inlet line that extends into said housing that is in fluid communication with the pump inlet; a single electric motor disposed in said housing and connected to said pump to actuate said pump, said motor operating at variable speeds to regulate the pumping rate of said pump; a battery pack separate and spaced from said housing that contains at least one battery that stores energy for energizing said motor; a flexible cable that extends from said battery pack to said housing for supplying energy from said battery pack to said motor; and a control assembly integral with said housing, said control assembly having a switch member moveably mounted to said housing and said control assembly being configured to apply a variable energization signal from said battery pack to said motor so as to control the speed of said motor and regulate the pumping rate of said pump. view more	Valid (103) Entry 381
22	The medical irrigator of claim 20, wherein: said cable includes a first conductor over which a first energization signal is available from said battery pack and a second conductor over which a second energization signal is available from said battery pack; and said control assembly is configured so that switch member can be selectively positioned to: connect neither of said cable conductors to said motor; connect the first said cable conductor to said motor; or connect the second said cable conductor to said motor. view more	Valid (103) Entry 381
24	The medical irrigator of claim 20, wherein said pump is a reciprocating pump.	Valid (103) Entry 381
27	The medical irrigator of claim 20, wherein: said inlet line is a flexible hose that extends from outside said housing into said housing; and said cable is attached to said hose so that at least a portion of said cable extends along said hose.	Valid (103) Entry 381
38	A medical irrigator, said irrigator comprising: a housing having a front face shaped to receive a medical tip assembly; a pulse discharge pump disposed in said housing that operates at a variable rate, said pump having an inlet and an outlet, the outlet opening into the front face of said housing so as to be in fluid communication with a first conduit of the tip assembly; a suction tube in said housing having an open end located adjacent the front face of said housing so as to be in fluid communication with a second conduit of the tip assembly; a single, variable speed electric motor disposed in said housing connected to said pump for actuating said pump at variable rates; a battery pack separate from said housing containing at least one battery; a flexible cable that extends from said battery pack to said housing, said flexible cable having at least one conductor over which an energization signal from said at least one battery is supplied; and a control assembly attached to said housing and connected between said at least one conductor and said motor for supplying a variable potential energization signal to said motor, said control assembly having a single switch member that is moveably attached to said housing that selectively makes/breaks a connection between said at least one conductor and said motor and that establishes the potential of the energization signal supplied to said motor. view more	Valid (103) Entry 381
40	The medical irrigator of claim 38, wherein: said cable has a first conductor over which a first energization signal is available from said at least one battery and a second conductor over which a second energization signal is available from said at least one battery; and said control assembly is configured so that switch member can be selectively positioned to: connect neither of said cable conductors to said motor; connect the first said cable conductor to said motor; or connect the second said cable conductor to said motor. view more	Valid (103) Entry 381
46	The medical irrigator of claim 38, wherein: a flexible hose extends from outside said housing into said housing through which fluid is supplied to the pump inlet; and said cable is attached to said hose so that at least a portion of said cable assembly extends along said hose. view more	Valid (103) Entry 381

US 6,179,807 B1

4 Details

Claim #	Claim Text	Outcome
45	An irrigating handpiece for receiving a tip assembly having a discharge tube and a suction tube, said irrigating handpiece including:</claim-text> a body at least partially shaped to form a handgrip and a front end for receiving the discharge tube he suction tube; a lock assembly mounted to the front end of said body for releasably securing the discharge tube and the suction tube to said body; a discharge head disposed in said body, said discharge head having an open end adjacent the front end of the body for receiving the discharge tube wherein, said discharge head receives irrigation fluid and discharges the irrigation fluid through the open end into the discharge tube; and a single piece drain tube, said drain tube having a first end mounted in said body and a second end integral with the first end that extends outside of and away from said body, the first end of said drain tube being adjacent the front end of said body and being in fluid communication with the suction tube. view more	Valid (102 and 103) Entry 381
50	The irrigating handpiece of claim <HIL><BOLD>45</BOLD></HIL>, wherein said drain tube extends at least partially through the handgrip of said body.	Valid (102 and 103) Entry 381
51	The irrigating handpiece of claim <HIL><BOLD>45</BOLD></HIL>, further including a supply tube that is connected to said handpiece and that is in fluid communication with said discharge head through which the irrigation fluid is supplied to said view more	Valid (102 and 103) Entry 381
52	The irrigating handpiece of claim <HIL><BOLD>45</BOLD></HIL>, further including a pump disposed in said handpiece wherein, said pump forces the irrigation fluid through said discharge head and said discharge tube.	Valid (102 and 103) Entry 381

US 6,022,329 A

1 Detail

Claim #	Claim Text	Outcome
2	A pulsed irrigation surgical handpiece, comprising: a hollow housing comprising a handle; an elongate trigger movably mounted on said housing; an irrigation liquid tube extending along said handle; an electric motor spaced between the top and bottom of said handle and located in said handle adjacent said irrigation tube; a pump comprising a member driven by said electric motor, said pump being connected to said irrigation liquid tube for pumping irrigation liquid for delivery to a surgical site, said motor having a rotating pinion gear rotatably engagable with and driving a face gear, said face gear being operatively drivingly coupled to an eccentric member for rotation of said eccentric member by said motor, said driven member opposing said eccentric member, and a yoke located between a portion of said driven member and said eccentric member for converting rotation of said eccentric member to reciprocation of said portion of said driven member. view more	Valid (102 and 103) Entry 381

Infringement

Zimmer Incorporated

3 Details

Accused Product	Patent #	Claim #	Outcome
Pulsavac pluswound debridement systems	US 6,022,329 A	2	Willful infringement Entry 609 Entry 546 Entry 381 Entry 611
Pulsavac plusPulsavac Plus device	US 6,179,807 B1	45, 50, 51, 52	Willful infringement Entry 609 Entry 546 Entry 247 Entry 611
Pulsavac LinePulsavac plusPulsavac Plus device	US 7,144,383 B2	1, 2, 3, 8, 10, 11, 13, 17, 19, 20, 22, 24, 27, 38, 40, 46	Willful infringement Entry 609 Entry 546 Entry 247 Entry 254 Entry 611

Zimmer Orthopaedic Surgical Products

3 Details

Accused Product	Patent #	Claim #	Outcome
Pulsavac pluswound debridement systems	US 6,022,329 A	2	Willful infringement Entry 546 Entry 381
Pulsavac plusPulsavac Plus device	US 6,179,807 B1	45, 50, 51, 52	Infringement Entry 546 Entry 247
Pulsavac LinePulsavac plusPulsavac Plus device	US 7,144,383 B2	1, 2, 3, 8, 10, 11, 13, 17, 19, 20, 22, 24, 27, 38, 40, 46	Infringement Entry 546 Entry 247 Entry 254

Zimmer Surgical Incorporated

3 Details

Accused Product	Patent #	Claim #	Outcome
Pulsavac plus	US 6,022,329 A	2	Willful infringement Entry 609
Pulsavac plus	US 6,179,807 B1	45, 50, 51, 52	Willful infringement Entry 609
Pulsavac plus	US 7,144,383 B2	1, 2, 3, 8, 10, 11, 13, 17, 19, 20, 22, 24, 27, 38, 40, 46	Willful infringement Entry 609

Damages

Total Damages:

$475,220,421.06

Other Costs:

$35,521,087.72

Dockets:

Lost Profits: $140,000,000.00
Compensatory Damages: $103,605,494.71
Punitive Damages: $7,204,975.45
Enhanced Damages: $224,409,950.90

Attorney Fees: $8,000,000.00
Court Costs: $112,451.28
Pre Judgment Interest: $27,408,636.44