Demand For The Patented Product — Lower Bar?

Law360, New York (August 13, 2009, 11:34 AM EDT) -- On June 1, 2009, the Federal Circuit issued a decision in DePuy Spine Inc. v. Medtronic Inc. that addressed lost profits issues related to demand and convoyed sales.

The Federal Circuit reversed the jury’s award of $77.2 million in lost profits on unpatented products but upheld the remaining $149.1 million in lost profits damages. The patent at issue involved spinal surgery screws.

The court’s decision may have the effect of lowering the bar for establishing lost profit damage awards. Specifically, the court held that for the...
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