A U.S. subsidiary of a large U.K. surgical implant manufacturer sued a U.S. implant manufacturer for allegedly infringing a knee implant and two hip implant patents. The U.S. defendant counterclaimed against the plaintiff for alleged infringement of one of the defendant's hip implant patents (this U.S. case was related to a U.K. litigation in which the U.S. manufacturer was the plaintiff in a suit alleging that the U.K. manufacturer was infringing a patent on implant coating material). -. provided an orthopedic surgeon who testified at deposition regarding the workings of the various components of the claimed inventions, how they interacted with the bones in which they were implanted, and how an orthopedic surgeon would understand the words used in the patent to define the invention. (Because the venue was in Memphis, TN, the defense attorneys had requested a well-credentialed orthopedic surgeon at a Southern medical center. Dr. Lerner met this request.) Although the plaintiff's complaint had sought substantial monetary damages, treble damages and attorneys' fees, the case was settled in a cross-licensing agreement.
Attorneys for the defendants:
Leora Ben-Ami, Victor Geraci, Robert T. White, Jr., Frank Nuzzi
Clifford, Chance, Rogers & Wells, LLP
New York City